Conditions of sale for Online services and products
1. APPLICABLE LAW
1.1 These general conditions are for the acquisition of products and services, carried out remotely via communications networks on the website www.costacruisesasia.com which belongs to Costa Crociere S.p.A., which has its registered address at Piazza Piccapietra 48, 16121 Genoa, VAT no. and registration no. with the Genoa Companies Register 02545900108, Tel. 010/54831, Fax 010/5483290, (“Organiser” or “Costa Cruises”).
All purchasing operations will be regulated by the provisions of Legislative Decree no. 79/2011 (which implements Directive 2008/122/EC), and by any additional terms contained in brochures, booklets, catalogues and other documentation provided by the Organiser to the passenger by electronic means - including websites and e-mail - ("online") and in force at the time of conclusion of this contract.
1.2 The individual clauses of these general conditions will be considered independent of each other; the total or partial invalidity of a single clause or paragraph shall not result in the invalidity of any other clause or paragraph of these General Terms and Conditions.
2. CONCLUSION OF CONTRACT
2.1 The conclusion of this contract will take place online in stages according to the following steps:
(i) the booking request must be made using the appropriate online form - which is provided by the Organisers and forms an integral part of this contract - duly filled in in its entirety, accepted and submitted online by the passenger to the Organiser no later than 4 days prior to the departure of the cruise, and (ii) upon receipt of the booking request, the Organiser will check that all is in order and - in the event of a successful verification, and subject to the availability of places in the case of services/products with limited capacity - will send notice of confirmation and acceptance to the passenger, the contract thereby being understood to be concluded, except as provided in art. 2.3, with the consequent creation of rights and obligations on the part of and in favour of the passenger and the Organiser.
2.2. The services/products are sold online and and must be understood to be offered for sale as explained in art. 2.1., only to passengers who qualify as consumers and who have already purchased a cruise; the contracts are understood to be concluded in Italy and it is understood that the law applicable to the contract is exclusively Italian law.
2.3 Acceptance of bookings will depend on the availability of places and is understood to be finalised, with the consequent conclusion of the contract, only when confirmation is sent out by the Organiser pursuant to art. 2.1 and is also subject to payment by the passenger.
2.4 Promotional offers or those that otherwise provide particularly favorable conditions published on this site are subject to limits of time and availability, according to criteria set by the Organiser at any time and at its absolute discretion.
2.5 In the case of a single reservation made for several parties listed in the reservation, the person making the booking guarantees that they have the necessary powers on behalf of the others and also guarantees the fulfillment of all contractual obligations, including by other parties indicated in the reservation.
2.6 Reservations made by minors will not be accepted.
2.7 Any particulars of the services/products purchased that are not contained in the contractual documents, brochures, the website of Costa Cruises or other means of communication, will be provided by the Organiser to the passenger in advance before the time comes to use the service/product.
2.8 The Organiser reserves the right to derogate from the general conditions in relation to particular categories of contract (such as groups or incentives), which will be subject to the terms and conditions as specifically indicated from time to time.
3.PAYMENT
3.1 Payment of the services/products purchased online will be made by credit card in a single payment at the time of selecting the services/products. During the purchase you will be asked for your credit card details: if any problems arise (for example, if your bank does not authorise the transaction), the purchase will be suspended or blocked.
If this happens, the passenger will not be charged any expenses, but he/she will lose the price selected during the purchase process. The following credit cards are accepted: American Express, Visa, MasterCard and any other indicated by the Site at the time of making the purchase. The corresponding amounts will only be debited after the confirmation of acceptance has been sent to the passenger for the chosen service/product.
Credit card information will be kept by the Organiser solely in order to make reimbursements in the cases referred to in articles 5.1 and 6.2
4.PRICES
4.1 Prices include any charges expressly stated on the website and the online application form signed by the passenger.
4.2 Prices are understood to be per person.
5. CHANGES BY THE ORGANISER
5.1 If prior to departure the Organiser cannot provide (for reasons not attributable to its passengers, including force majeure) the services/products included in the contract, it will give prompt notice to the passenger and refund the full amount paid.
5.2 If after to departure the Organiser cannot provide (for reasons not attributable to its passengers, including force majeure) the services/products included in the contract, it will give prompt notice to the passenger and credit the passenger's onboard account with the full amount paid.
5.3 During the cruise the passenger will be able to request the replacement of products/services purchased with others of the same kind: if the replacement services provided are of a higher value than those purchased, the passenger must pay the difference on board; if they are of lower value, the Organiser will credit the passenger's onboard account with the difference.
6. CHANGES AND CANCELLATION BY THE PASSENGER
6.1 Pursuant to Article 32 of the Tourism Code, the right of withdrawal provided for in Articles 64 to 67 of Legislative Decree 206/2005 does not apply.
6.2 The consumer can withdraw from the contract/product purchased within 4 days of the cruise's departure, without incurring the applicable penalties.
If the passenger withdraws less than 4 days before the cruise's departure, he/she will not be entitled to any reimbursement.
6.3 If during the cruise the passenger is, for proven reasons of health, objectively unable to use the service/product, upon presentation of a medical certificate, he/she will be entitled to terminate the contract and the Organiser will credit the passenger's account with the whole sum paid by the same.
7 SUBSTITUTION
7.1 The passenger can be substituted by another person provided that the Organiser is duly informed and receives information about the identity of the transferee.
8 OBLIGATIONS OF PASSENGERS
8.1 The passenger must behave in such a way as to ensure the security and peace and enjoyment of the services/products by the other passengers and must follow the rules of prudence and diligence, all regulations issued by the Organiser or by local operators who organize trips, and regulations, and administrative or legislative provisions relating to the service/product.
8.2 The passenger is liable for all damages that the Organiser may suffer due to failure to comply with the above obligations. In particular, the passenger is liable for any damages caused to the ship or its furnishings and equipment, for damage to passengers and other third parties, to the resources used during the tours, as well as any fines, penalties and expenses which, due to the passenger's actions, the Organiser is charged with by the port authorities, customs, health or other authorities of any country visited by the cruise.
9.EXCURSIONS
9.1 The itineraries of the excursions published on the website and in the catalogue are intended to be purely indicative and are subject to changes. The timetables and itineraries of the excursions could be subject to changes due to either external factors (such as, for example, weather conditions, strikes, transport delays, etc.) or the operational requirements of the service providers.
9.2 For some types of excursions the providers may apply, depending on the characteristics of the same (such as, the use of means of transport operated by the passenger) special conditions, requirements or regulations.
9.3 As regards the specific nature of some excursions, not all of these will be accessible to disabled passengers. Consequently, prior to purchasing the product, the Organiser recommends that passengers obtain information about the same through our website, catalogue or free-phone number to find out whether the excursions they are interested in are accessible to disabled passengers.
10. CLAIMS AND COMPLAINTS
10.1 The passenger, subject to forfeiture, must inform the Organiser in writing, in the form of complaints, of any shortcomings in the organisation or execution of the service/product, at the very moment of its occurrence or, if not immediately apparent, within 10 working days from the date of the expected return from the cruise to the place of departure. The Organiser will examine any complaints promptly and in good faith, aiming, where possible, for a fair and amicable settlement of the same.
11. PRIVACY OF PERSONAL DATA
In accordance with article 13 of Legislative Decree no. 196 of 30 June 2003 - Privacy Code (hereinafter the "Code"), Costa Cruises informs you that your personal data (hereinafter "Data") supplied by you when purchasing the product/service or otherwise acquired as a result of or on the occasion of your use of the service/product will be processed in accordance with the aforementioned Code.
The processing of your data will take place both on hard copy (paper) and by electronic means, in order to ensure integrity and confidentiality, adopting the most advanced security tools, for the following purposes:
a) the conclusion, management and execution of the contractual relationship between you and Costa Cruises;}
b) for purposes related to compliance with legal obligations, regulations, national and EU norms and the instructions issued by authorities able to do so by law.
c) the anonymous processing of statistics and market research in order to check the customer profiles.
Your data can only be communicated for the above purposes and to the following types of recipients:
• companies belonging to the same Group of Companies as Costa Cruises;
• individuals, companies, associations or professionals offering services or assistance and advice for Costa Cruises;
• individuals whose authorisation to access the data is recognised by law and secondary legislation or regulations issued by authorities that are able to do so by law, including the port authorities of the disembarkation sites.
Other persons who may have knowledge of the data, as implementing authorities on behalf of Costa Cruises for certain processing operations, are internal staff, working as data managers and/or controllers required to manage the relationship between both parties, and external managers appointed for this purpose.
Also for the same purposes, data may be transferred abroad to third party firms belonging to the European Union or otherwise.
The provision of such information is necessary for the execution of the contract. Among the data you provide there may be some data that could be defined as "sensitive" in the Code. Such data may be processed only with your written consent. Without this consent Costa Cruises will not be able to comply with its contractual obligations.
In addition, with your consent Costa Cruises will be able to:
c) send you information and material of an advertising and/or promotional nature, discounts, invitations, competitions, by post, e-mail, mobile phone, SMS, fax and land line;
d) exercise activity profiling (analysis of patterns of consumption choices to create individualised marketing strategies)
e) transmit your data to companies in the Costa Cruises Group and business partners of Costa Cruises in order that these companies may send you information or advertising material.
We also inform you that you will be able to exercise the rights set out in article 7 of the Code, by requesting it of Costa Cruises, which grants the interested party the right to exercise certain rights, including the right to obtain confirmation from the Controller of the existence of your personal data; to know the origin of the data and the logic and purpose of the treatment of the same; to obtain the cancellation, transformation into anonymous form or blocking of data processed unlawfully, as well as the updating, correction or, if there is interest, integration of data; to oppose, for legitimate reasons, the processing; to oppose the use of such data for the purposes of commercial information, advertising or marketing.
The Data Controller is Costa Cruises S.p.A., with its registered address in Genoa, at Piazza Piccapietra 48. The complete and updated list of Managers is available at the headquarters of Costa Cruises.
12. LAW AND JURISDICTION
This contract and the general terms and conditions are subject to Italian law.
The courts of Genoa will have exclusive jurisdiction for any disputes that may arise in connection with this contract.
