Costa Cruises Booking Conditions
1. APPLICABLE RULES AND REGULATIONS
1.1 This sales agreement for a tourist package in the form of 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 Organizer, and any other documentation supplied to the passenger by the Organizer.
1.2 The contract will also be subject to the Italian regulations for the application of EC directive 90/314, the applicable terms of the Convention of Brussels of 23rd April 1970 (CCV), and/or the Italian and international regulations on the single services that form part of the tourist package.
1.3 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. STIPULATION OF THE CONTRACT
2.1 The booking application will be drawn up in a specific form (in a computerized version, where applicable), every part of which should be filled in, to be signed 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 finalized for the purposes of formalising the agreement only upon confirmation by the Organizer (which may take place on line). The bookings are subject to the payment by the passenger of the deposit referred to in article 3.1. Failure to pay the deposit 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 Organizer from time to time, at the absolute discretion of this latter.
2.5 The duly licensed Travel Agency acts as agent for the passenger and, in accordance with the terms of article 87 of the Consumer Code and article 8 of legislative decree 111/1995, may provide this latter with a copy of the agreement only if it is already in possession of the confirmation from the Organizer, issued as specified in the previous paragraph.
2.6 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 authorized to do so on behalf of the parties concerned, and will also guarantee that the other parties named in the booking form will act in accordance with all the contract obligations.
2.7 Bookings from minors will not be accepted. Without affecting the terms of article
2.6, 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.
2.8 As the vessels are not equipped to offer assistance in pregnancy and childbirth, bookings will not be accepted from passengers who will be 24 weeks pregnant or more on the scheduled departure date.
2.9 Children are not permitted to sail prior to 3 months of age on the first day of cruise.
2.10 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, may require that such passengers be accompanied by persons capable of offering them the assistance they require. The Organizer 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.
2.11 At the time of signing the agreement, the passenger will inform the Organizer of any illnesses or physical or mental disabilities that might require special forms of care or assistance. 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.
2.12 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 Organizer in accordance with the terms of the consumer code, suitably in advance of the start of the voyage.
2.13 The Organizer 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.
3.1 When the agreement is signed, a deposit will be payable. This will be equivalent to the amount specified in the catalogue, and will in any case be no less than 15% of the price, including the full booking fee, where applicable. The balance due will be paid at least 30 days prior to the date of departure. For bookings made less than 30 days prior to the departure date, the full price will be paid at the time when the agreement is signed.
3.2 Failure to pay the balance due on the dates specified above will lead to the cancellation of the agreement in accordance with the terms of the express termination clause. In such cases, the Organizer will have the right to compensation for any additional damage caused.
3.3 The travel ticket, which authorizes the passenger to gain access to the vessel, will be issued to the passenger after the full balance of the price has been paid.
3.4 Payments made through Travel Agencies will be regarded as received only when the sums in question have been effectively passed on to the Organizer.
4.1 The prices include the services expressly indicated in the catalogue and the agreement form signed by the passenger. Prices shown in this catalogue don't include the service charge for hotel services - as described at page 204 and shown below every pricing grid - payable on board at the end of the cruise. No further service charges are payable to staff.
4.2 The catalogue indicates a minimum price known as “Pronto Price” (Book Immediately) and a maximum price known as "Listino” (Full Fare). For each cruise, a limited number of cabins will be available at the minimum price. When these are no longer available, the remaining cabins may be placed on sale at prices greater than the minimum, of which the passengers will be informed when the booking application is received. Except where otherwise indicated as set out in paragraph 3 of this article below, such prices will be no greater than the maximum price indicated in the catalogue under the "Full Fare" heading.
4.3 The prices indicated in the catalogue 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 air transport, (ii) the cost of marine fuel,(iii) duties and taxes on the services included in the tourist package, including boarding and disembarkation taxes and harbour
mooring and airport landing taxes. In situation (i), the price alteration to the package will be equivalent to the full increase in transport costs as debited to the Organizer by the airline. In situation (ii), the increase will be equivalent to 0.33% of the price of the cruise for each dollar of increase in the price per barrel of oil (Nymex), and in situation (iii) the increase will be equivalent to the entire amount of increase in duties and taxes.
4.4 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. MODIFICATIONS TO THE VOYAGE
5.1 If the Organizer 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) changes of carrier, flight times and itineraries, provided the date of departure and arrival remains unchanged and access to and disembarkation from the vessel are permitted on the dates and at the times scheduled for the cruise, (ii) the replacement of the ship on the basis of the terms of article 5.4, (iii) changes to the cruise itinerary on the basis of the terms of article 5.5, (iv) the allocation of a different cabin on the basis of the terms of article 12, (v) changes to the type of hotel accommodation, provided the hotel belongs to the same category (vi) changes in the scheduling of events and other forms of entertainment on board the vessel.
5.2 A passenger who receives notification of a change to an essential aspect or a price modification of more than 10% will have the right to withdraw from the agreement without the application of any penalty, or to accept the modification, which will then become a part of the agreement, with the precise specification of the changes and the effect of these on the price. The passenger will inform the Organizer of its decision - through the Travel Agency where appropriate -within 2 working days of the date when he or she becomes aware of the modification. If no such written notification is issued, it will be understood that the modification has been accepted.
5.3 If the Organizer 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, it will provide alternative solutions compatible with the technical and safety requirements, at no additional cost to the passenger. If the alternatives supplied are of a value that is significantly lower than the scheduled services, the passenger will be reimbursed within the limit of the differences in value. If no alternative solution is possible or the solution proposed by the Organizer is turned down by the passenger for acceptable, justified and proven reasons, the Organizer 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, at no additional cost, only if such a solution is objectively indispensable in the circumstances. The Organizers will reimburse the passenger for the services not used, after deduction of the costs sustained by the Organizer in any way.
5.4 It is acknowledged that the Organizer 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 Organizer, and the Captain of the vessel on behalf of this latter, have the right to modify the cruise itinerary due to unforeseen and uncontrollable circumstances or for reasons regarding the safety of the ship or its navigation.
6. WITHDRAWAL BY THE PASSENGER
6.1 The passenger may withdraw from the agreement without incurring any penalty only if he or she has been informed of the modification of an essential aspect under the terms of article 5.1 above. In such a case, if the passenger should withdraw from the agreement he or she will have the right to make use of an alternative package, or to the reimbursement of the payments already made at the time of the withdrawal. The package that the passenger decides to make use of will have to be of an equivalent or greater value (but without price supplements) to that originally selected. If the Organizer is unable to offer a package of an equivalent or greater value, the passenger will have the right to the reimbursement of the difference.
6.2 A customer who withdraws from the agreement for reasons other than those specified in the previous paragraph will be debited with the following sums: 30 euros per person for administrative costs in the event of withdrawal more than 60 days prior to the departure date; 15% of the package price in the event of withdrawal less than 60 days prior to the departure date; 30% of the package price in the event of withdrawal less than 41 days prior to the departure date; 50% of the package price in the event of withdrawal less than 28 days prior to the departure date; 80% of the package price in the event of withdrawal less than 14 days prior to the departure date. A passenger who withdraws within 1 day 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.
6.3 In the event of cancellation covered by an insurance policy, the Organizer should be notified of this at the same time as notification is issued to the insurer. Any difference between the sums due from the passenger on the basis of the terms of article 6.2 above and the sums paid by the insurance company will be payable by the passenger.
7.1 A passenger who is not in a position to make use of the tourist package may be replaced by another person provided: a) the Organizer is informed of this fact in writing within 4 working days of the scheduled departure date, at which time the identity details of the replacement should also be provided; b) 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; c) the person replacing the original passenger pays any sums specified in the catalogue as replacement costs to the Organizer.
7.2 In such a case, the passenger will in any case pay a sum of 30 euros 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 Organizer following the term specified in article 7.1, will be regarded as equivalent to the withdrawal of the passenger and a new booking by the replacement. In such a case, the withdrawing 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 Organizer should announce the cancellation of the package covered by the agreement for any reason other than those attributable to the actions of the passenger, the Organizer will offer the passenger the right to make use of a replacement package, or reimbursement on the basis of the methods set out in the paragraphs which follow. The replacement package offered by the Organizer will be of an equivalent value to that of the package cancelled. If the Organizer is unable to offer a replacement package of an equivalent value, the passenger will have the right to the reimbursement of the difference.
8.2 If the Organizer should cancel the tourist package in accordance with the terms and effects of article 1469 (ii), paragraph 5, of the Italian civil code, it will repay the passenger double the amount that this latter has effectively paid out and which has effectively been received by the Organizer, with the exception of cases of unforeseen or uncontrollable circumstances, failure to obtain the minimum number of participants or refusal on the part of the passenger to accept the replacement package offered by the Organizer. The sum to be repaid will in no circumstances be greater than double the amounts owed by the passenger under the terms of article 6.2 on the date of repayment.
8.3. In the event of unforeseen or uncontrollable circumstances, failure to obtain the minimum number of participants or refusal on the part of the passenger to accept the replacement package offered by the Organizer, as referred to above, the passenger will have the right to the reimbursement of the sums already effectively paid out only.
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 Organizer 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 Organizer.
9.4 The passenger will be responsible for all the damages that the Organizer 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 Organizer 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 Organizer 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 the terms of the final paragraph of article 12 of these general
conditions, with regard to third parties responsible for any damages suffered by the
passenger, and will be responsible to the Organizer in the event of any prejudice caused
to this right to act on his or her behalf.
9.6. The passenger will provide the Organizer with all the information necessary to enable
this latter to comply with its security obligations, with particular reference to the terms of
EC directive 98/41 and the ministerial decree of 13th October 1999.
10. POWERS OF THE 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 airlines or other service providers. The Organizer will
take no responsibility for any such measures that might be adopted.
10.3 The Organizer 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 Organizer 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 Organizer of any responsibility for the continuation of the voyage or the repatriation of
11. PLEDGE AND RETENTION
The Organizer has the right to withhold the baggage and other property of the passenger
and use these as a pledge of credit for the payment of any additional sums due from the
passenger for the goods and services acquired on board.
12. ACCOMMODATION ON BOARD THE VESSEL OR IN HOTELS
12.1 The Organizer 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. ORGANISER'S RESPONSIBILITIES
13.1 The Organizer 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, whether these
are to be provided by the Organizer in person or by third party service suppliers. The
Organizer 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 or any other circumstances that the Organizer
could not have foreseen or been able to resolve with the application of due professional
13.2 All exemptions from or limitations of responsibility, justifications or objections that
could be invoked by the Organizer under the terms of this contract also extend to all the
parties who are or could be regarded as the personnel of the Organizer, or acting as
assistants, agents, sub-contractors or consultants to the Organizer in any way or for any
reason, as well as to the insurers of the Organizer.
13.3 The Organizer is not responsible to the passenger in the event of any non-compliance
with the obligations of the Organizer on the part of the Travel Agency or any other
intermediaries involved in the stipulation of the contract.
13.4 When the Organizer 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 Organizer 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 Organizer is also the owner, operator or chartered 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
16.1 When a flight ticket or other travel document is issued by an airline in the name of
the passenger and this is accepted by this latter, an air transport contract is set up between
the passenger and the issuing airline.
16.2 Consequently, with regard to air transport of any kind, Costa Crociere cannot be
regarded as an airline or an organization adopting the role of an airline, as such a position
is taken up exclusively by the air transport company indicated, 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. The
rights of the passenger on the basis of the air transport contract and the regulations
applicable to it (Convention of Montreal of 28th May 1999, EC regulation no. 889/2002,
national regulations), including the right to compensation for damages in the event of death
or personal injury, are therefore limited to the relationship between the passenger and the
air transport company. The air transport company has exclusive responsibility for the
obligations set out in EC regulation no. 785/2004.
16.3 If the legally valid flight ticket is not attached to the documentation supplied to the
passenger by Costa Crociere, the passenger has to issue a request for this to the airline
directly. The airline guarantees the existence of the ticket in question, its custody for merely
logistical reasons, its conformity with the regulations that apply, and its immediate and
unconditional availability to the passenger directly, at its own expense and upon its own
responsibility, on the understanding that the airline has also issued identical guarantees to
16.4 The obligations laid down in EC regulation no. 261/2004 apply exclusively to the air
transport carrier, as defined in the regulation in question, and no responsibility in this sense
will be accepted by Costa Crociere, either in its position as Organizer or for any other
reason. The passengers should therefore direct any claims that they might have in relation
to EC regulation 261/2004 to the air transport carrier. In exercising their rights deriving
from EC regulation no. 261/2004 with the air transport carrier, the passengers should take
the necessary care to safeguard the execution of the tourist package as a whole, and to
avoid damaging the rights and faculties of the Organizer on the basis of this contract and
the regulations that apply to it.
16.5 Costa Crociere will include a flight memo in the documentation supplied to the
passengers, with the sole purpose of reminding the passengers of the flight information
required by them. The inclusion of the flight memo and/or warnings or other information
on air transport and the legislation and contract clauses applicable to this in the
documentation supplied to the passengers should therefore be regarded merely as a
16.6 The use of hard copies, trade marks, logos or any other elements making reference
to Costa Crociere in the documentation referred to in article 16.5 is due to printing
requirements only, and cannot be regarded as a modification and/or denial, even in a tacit
or partial sense, of the other terms of this article.
17. SHIP'S DOCTOR
17.1 The ship's doctor provides assistance to the passengers as an independent
professional, not as an employee of the Organizer. 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
18. CUSTODY OF VALUABLES
A safety deposit box is made available to the passengers on board the ship. The Organizer
will accept no responsibility for cash, documents, stocks, jewellery and other precious
objects which are not kept in these safe deposit boxes.
19. OBLIGATION TO PROVIDE ASSISTANCE
The obligation on the part of the Organizer 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. CLAIMS AND CLAIM REPORTS
Any complaints regarding the organization 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 Organizer will examine all the claims presented promptly and in good faith, and will do
everything possible to bring about a swift, fair, amicable settlement.
21. INSURANCE COVER FOR ASSISTANCE/MEDICAL AND BAGGAGE COSTS
21.1 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 Organizer 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.
21.2 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. GUARANTEE FUND
A National Guarantee Fund has been set up by the 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
Organizer, 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 Organizer. The methods laid down for the operation of
the fund are established by means of a prime minister's decree in accordance with the
terms of article 100, paragraph 5, of the consumer code (article 21 of legislative decree
CONFIDENTIAL NATURE OF PERSONAL DATA
"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. Under the terms of legislative
decree 196/2003, the Travel Agent is obliged to pass on this information (article 13) and,
where necessary, obtain the consent of the customer to do so (article 23). 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 fulfillment 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 in accordance with the terms of legislative decree 196/2003. 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.
Any dispute that may arise pursuant to this pres-ent contract shall fall exclusively under the
juris-diction of the Law Court of Genoa.
This Insurance Contract is governed by Italian Law and by the provisions of these General
Conditions, as well as the Specific and Special Conditions of the Policy which constitute a
single unit forming the basis for the insurance, which covers only the risks specified in said
All litigation arising from the execution and inter-pretation of this Contract shall be subject
to the jurisdiction o Italian Court.
INSURED: the natural person holder of the insured interest, who assumes the obligations
aris-ing from the insurance contract.
INSURER: Filo Diretto Assicurazioni.
TRAVEL AGENCY: legal person which, in accor-dance with the requirements imposed by
the sec-toral legislation applicable, sells the package trip proposed by the Organizer.
TRAVEL COMPANION(S): natural person(s), indi-cated by the Insured at the time of
signature of the package travel contract, who actually accompany(ies) him during all or
most of the trip.
LUGGAGE: all clothing and personal hygiene equipment necessary in the course of the trip
con-tained inside the suitcase(s).
THE INSURED'S RELATIVES: spouse or cohabiting partner, parents, siblings, offspring,
parents-in-law, sons-in-law, daughters-in-law, grandparents, uncles and aunts and
nephews and nieces up to the 3rd degree of kinship, brothers-in-law and sisters-in-law of
FORCE MAJEURE: combination of abnormal and unforeseeable circumstances beyond the
control of those relying on them, the consequences of which could not have been avoided,
even if due care was taken.
MEDICAL FEES: pecuniary sums to be received by the Doctors due to the healthcare
provided for the Insured included in the cover the subject-matter of the contract.
THEFT: stealing of personal property without the application of force to property in order to
gain access to the place where it is located or without violence to or intimidation of persons.
ROBBERY: stealing of personal property with the application of force to property in order
to gain access to the place where it is located or with vio-lence to or intimidation of
ORGANIZER: the natural or legal person who, in accordance with the requirements imposed
by the sectoral legislation applicable, organizes the pack-age trip in which the Insured
POLICY: the contractual document which contains the conditions regulating the Insurance
and of which the General Conditions, the Special Conditions, the Specific Conditions, which
specify the risk, form an integral part, and the supple-ments or appendixes which may be
issued to it in order to complete or modify it.
PREMIUM: the price of the insurance.
THE INSURED'S RESIDENCE: the Insured's habitual residence.
LOSS: the bodily injury or damage to property caused during the term of the contract,
arising from a violent, unexpected, external cause beyond the control of, and unintended
by, the Insured.
CO-OWNING SHAREHOLDER OF THE INSURED'S ENTERPRISE: natural person(s) who
has/have a stake in the share capital of a mercan-tile entity in which the Insured, as well
as being a shareholder, renders professional services, as an employee or independent
POLICYHOLDER: the person with whom the Insurer signs this contract and to whom the
obli-gations imposed there-under belong, except those which, due to their nature, must be
fulfilled by the Insured.
ENTRY INTO FORCE AND DURATION OF THE INSURANCE
The Insurance Contract shall enter into force on the date indicated in the Special
Conditions, pro-vided that the Policy has been signed and the Premium has been paid.
If, due to the negligence of the Policyholder, the Premium has not been paid when it falls
upon signature of the Contract, Filo Diretto
Assicurazioni is entitled to terminate it or to demand payment of the Premium. If the
Premium has not been paid before the Loss occurs, Filo Diretto Assicurazioni shall be
relieved of its obligation. If the Policy is not terminated or discharged, cover shall resume
at midnight on the day on which the Policyholder pays his Premium.
The term shall be that specified in the Special Conditions.
ENTRY INTO FORCE AND DURATION OF THE COVER
The cover is valid from the date of commencement of the trip, i.e. from the date of
commencement of the first of the tourist services contracted, following payment of the
insurance Premium by the Insurance Policyholder, at the time of signature of the Policy,
until the conclusion of such services.
The personal data stated by the Insured in the forms attached to this insurance contract,
and while it is in force and at the time of notification of a possible Loss, shall be processed
in an automated data file of which Filo Diretto Assicurazioni is controller, as long as he does
not request the cancellation thereof, for the sole purpose of providing the services
associated with this insurance policy.
The Insured expressly consents to the aforementioned processing of his data, including
those of a medical nature.
The Insured may exercise the rights of access, rectification, opposition and cancellation of
the personal data collected by Filo Diretto Assicurazioni. The above-mentioned rights may
be exercised by written request, sent to the following postal address:
AMI ASSISTANCE (UfficioSinistri)
Centro Direzionale Colleoni
Via Paracelso, 14
20041 Agrate Brianza (MI) - Italy
Phone 039/6899941 - fax 039/6899940
DURING THE TRIP CARE FOR THE PERSON
Filo Diretto Assicurazioni undertakes, within the limits agreed in the Policy, to immediately make available to the Insured, using personnel and the technical resources of the
Operating Headquarters, the guaranteed benefit if the Insured is placed in a difficult
situation as a result of illness or a fortuitous event. The aid may consist of pecuniary
benefits or benefits in kind.
Medical assistance by telephone; Sending of a doctor to Italy in cases of emergency,
Allocation of a doctor abroad; Organized sanitary transport; Return of the Relatives or of the
Travel Companion; Transport/ Repatriation of deceased; Trip of a relative in the event of
hospitalization; Attention for minors, Return of convalescent person; Extension of stay;
Urgent dispatch of medicines abroad; Provision of interpreter, advance of expenses for
basic necessities up to ?8,000.00, early return; Telephone/telegraph expenses up to
?100.00; Transmission of urgent expenses; Expenses of assistance, search and recovery
up to ?1,500.00; Advance of bail abroad up to ?25,000.00.
REIMBURSEMENT OF MEDICAL EXPENSES
Within the maximum limit of ?30,000.00 per Insured, the medical expenses incurred
during the provision of the tourist services contracted, arising from unforeseeable illness or
accident occurring during the period of validity of the cover, relating to the following, shall
be reimbursed: medical fees (including those arising from urgent healthcare),
hospitalization, surgical operations, medicines prescribed by a doctor. In the event of
hospitalization as a result of an illness included in the cover indicated in the policy, the
Operating Headquarters, at the request of the Insured, shall directly pay the medical
In any event, the amount exceeding the maximum limits provided in the policy and the
relevant franchises, where applicable, shall be borne by the Insured, who shall pay it
directly in situ. In the case of sums exceeding ?1,000.00, the Insured must request,
provided that it is possible, the prior authorization of the Operating Headquarters.
For each Loss an absolute franchise to be borne by the Insured of ?100.00 for medical
expenses incurred on board the ship and of ?50.00 for medical expenses incurred on land
shall be applied.
Medical expenses incurred following the conclusion of the tourist services provided, only in
the event of accident occurring during the course thereof, shall be reimbursed subject to a
limit of ?1,000.00, provided that they are incurred within a maximum period of sixty (60)
days from the date of conclusion of the tourist services provided.
Filo Diretto Assicurazioni insures the Insured's Luggage against the risks of fire, theft,
robbery, mislaying and failure to return, saturation or leakage of liquids, up to the maximum
limit of ?2,600.00 per Insured.
Filo Diretto Assicurazioni assumes at its expense, within the maximum limit of ?2,600.00
per Insured, the judicial and extrajudicial costs in accordance with the conditions provided
in the Policy.
THE POLICY IS DEPOSITED AT COSTA CROCIERE AND THE CONDITIONS OF THE
INSURANCE ARE SET FORTH IN DETAIL IN THE INFORMATION DOCUMENT WHICH WILL BE
SUPPLIED TO ALL THE PARTICIPANTS IN OUR TRIPS, TOGETHER WITH THE REST OF THE
THE CLAUSE OF THE INSURANCE CONTRACT IS VALID FOR ALL THE CRUISES PUBLISHED
IN OUR CATALOGUE.
The prices listed in this brochure were set in February 2007, when the first edition went to
press. Please note that these rates may not be applicable at the time you consult the
brochure. We therefore invite you to check the best available price with your Travel Agent.