General conditions of carriage by sea on a maritime excursion basis
These General Conditions of Carriage by Sea are displayed and available to the public for consultation prior to booking and purchasing tickets, both in paper format, in all sales areas and at the Carrier’s official ticket offices, and in digital format, on the Company’s website (https://turmares.premiumservicios.dev/).
- DEFINITIONS
Carrier’ is understood to mean the Company TURMARES TARIFA S.L., which carries out the transport of passengers on maritime excursions with its vessels, under any operating and/or management regime.
Maritime excursion’ means a passenger transport service associated with sightseeing tours on ships or vessels departing from a port and, after following an itinerary, returning to the port of departure within a period of not more than 12 hours, with the possibility of anchorages and intermediate calls at another port, and with all passengers having to complete the entire itinerary.
Ship” means a vessel used for navigation by sea or inland waterway, which is a passenger ship.
Passenger Contract” means a contract of carriage between the carrier and a passenger for the provision of one or more passenger transport services on a sea excursion basis.
Ticket’ or “Boarding Pass” means a document duly issued by the carrier in evidence of the contract of carriage for the carriage of passengers. - APPLICABLE LAW AND LIABILITY REGIME
Spanish law, Community regulations and those international conventions to which Spain is a party shall be applicable to this contract for the carriage of passengers under the maritime excursion regime. In particular, Law 14/2014 of 24 July 2014 on Maritime Navigation shall apply to this contract of carriage, which is deemed to be incorporated into the passenger contract. - TICKET AND TICKET CONTRACT
By the passenger contract, documented by the issue of the corresponding ticket and/or boarding card, the carrier undertakes, in return for a price, to carry the passenger and, where appropriate, his luggage by sea on a sea excursion.
The ticket is personal and non-transferable and may be issued in electronic format. The contract of carriage by sea is perfected 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 the ticket of carriage.
Only persons in possession of a ticket and/or boarding pass for the date, time and route indicated on both tickets and/or boarding passes will board. The carrier is not responsible for the loss of the ticket/boarding card. The passenger is obliged to keep both documents for the duration of the journey. For any complaint, the passenger must present a copy of the ticket and boarding pass, otherwise the complaint cannot be processed. The carrier offers the carriage of passengers subject to its general, promotional and/or special fares, duly published in all sales areas, at the official ticket offices and on the company’s website. The carrier reserves the right to change 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 are available for travellers at our departure and arrival points. - TIMETABLES, ROUTING, BOARDING AND CANCELLATIONS
The departure times for 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://turmares.premiumservicios.dev/).
The carrier is entitled to modify the announced timetables and even to suspend and cancel the transport for safety, organisational, meteorological or force majeure reasons.
The carrier shall determine and inform of the ‘cut-off time’ for acceptance for boarding, after which passengers not ready for boarding shall be denied boarding. The carrier declines any responsibility for denied boarding to passengers who present themselves after the boarding time limit.
The carrier shall be free to carry out the carriage by the route and itinerary it considers most appropriate.
In case of cancellations by the passenger, the following conditions shall apply:
- If the cancellation is made within 24 hours prior to departure, the full amount will be refunded; the claim must be made within 7 days.
- If the cancellation is made within 24 hours prior to departure, NO refund will be made.
- DISCIPLINE ON BOARD
The master is in command and control of the ship, has the status of authority on board and may take all police measures he deems necessary to maintain order on board the ship and to ensure the safety of all persons on board.
Passengers shall comply with the master’s orders, without prejudice to their right to make any complaint they may have after the ship has arrived in port. - MAIN SERVICE, ANCILLARY SERVICES AND TAX REGIME
A los efectos de lo establecido en la Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido (IVA), el IVA se exigirá al tipo impositivo reducido del 10 por 100 por tratarse de una actividad de transporte marítimo de pasajeros (art. 91.uno.2.1° de la Ley 37/1992). Other ancillary services on board, such as on-board consumption, are taxed together with the main transport operation. - JURISDICTION
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 Cadiz, without prejudice to the consumer’s right to resort to alternative dispute resolution in consumer matters:
http://ec.europa.eu/consumers/odr/