MYCOSTA TERMS AND CONDITIONS OF SALE
1. APPLICABLE REGULATIONS
1.1 The subject of these general terms and conditions is the electronic reservation and/or purchase of products and services, made on-line via the MyCosta portal belonging to Costa Crociere S.p.A., with head office in Piazza Piccapietra 48, 16121 Genoa, VAT and registration no. in the Business Register of Genoa 02545900108, Tel. +39 010/54831, Fax +39 010/5483290, (“Organiser” or “Costa Crociere”). Each purchase transaction will be regulated not only by the measures given in the Italian Legislative Decree No. 79/2011 (implementation of the Directive 2008/122/EC), but also by any additional terms and conditions in the brochures, leaflets, catalogues and other documentation the Organiser provides the passenger electronically - including web-sites and e-mails - (“on-line”), and in force at the time this contract is concluded.
1.2 The individual clauses of these general terms and conditions shall be considered to be severable. If an individual clause or paragraph is deemed totally or partially invalid, this will not affect the validity of any other clause or paragraph of these general terms and conditions of contract.
2. CONCLUSION OF THE CONTRACT
2.1 The presentation of products and services on the MyCosta portal constitutes an invitation to offer.
2.2 If you wish to reserve one or more services and/or products, you may select them one at a time and add them to your trolley. Each time you select and add a product/service to your trolley, the latter will appear on the page summarising the products you have selected, together with the price and any discount applied to it.
On receipt of your order, Costa Crociere will send you an e-mail message to confirm its receipt of same. That e-mail does not constitute acceptance of your proposal to purchase. By sending it, we are only confirming we have received your order and have submitted it for the data and availability of the products you have requested to be checked. You order will, therefore, be considered as your contractual proposal of purchase made to Costa Crociere S.p.A. for the products listed in your trolley, each of which will be considered individually.
2.3 The contract of sale with Costa Crociere will conclude only at 00:00 GMT of the fourth day prior to the departure of the booked cruise (e.g. for a departure scheduled for 30 March at 11.00 a.m. GMT, the contract will be considered concluded on 26 March at 00:00 a.m. GMT). You will receive confirmation of the availability of the products/services selected via e-mail (Purchase confirmation) after every modification made to your trolley.
2.4 It is agreed you will be able to amend and/or cancel the products/services in your trolley until the end of the period given in the preceding point. In such case, you will not be charged with any costs.
2.5 The services/products are sold on-line according to the procedure given in Art. 2.2. It must be understood they are offered for sale only to passengers who qualify as consumers and who have already purchased a cruise. The relevant contracts are understood to be concluded in Italy and it is agreed that the law applicable to the contract is exclusively Italian law.
2.6 Promotional offers or offers that envisage particularly advantageous terms and conditions published on the website are subject to time limits and availability, according to criteria decided as required by the Organiser at its total discretion.
2.7 In the event of a single reservation made for more than one person, the user shall identify himself by indicating his own name and surname among those listed in the reservation at the time of confirmation of that reservation on the MyCosta portal. The person who makes the reservation on behalf of another individual for the same reservation guarantees he has the required authority to act on behalf of those individuals. He also guarantees the other persons indicated in the reservation will comply with all the contractual obligations.
2.8 Services and items booked via MyCosta count towards CostaClub points total. Points will be awarded at the end of the cruise to the guests who purchased services or items while on board.
2.9 Reservations made by persons under the age of 21 will not be considered valid.
2.10 The Organiser will duly provide the passenger with any information regarding the services/products purchased, which is not contained in the contractual documents, brochures, official Costa Crociere website or in other means of communication, before he has to use the service/product.
2.11 The Organiser reserves the right to waiver these general terms and conditions for special categories of contracts (e.g. for groups), for which specific terms and conditions will be drawn up as required.
3.1 Payment for the services/products purchased on-line will be charged to the on-board account of the passenger who has booked the individual service (see Art. 2.7).
3.2 Similarly, same passenger will be charged with the penalties established in the following Article 6.
4.1 The prices include what is explicitly indicated on the MyCosta portal and in the booking confirmation confirmed by the passenger.
4.2 Prices must be considered to be per person.
4.3 Any discounts or reductions in the price advertised will be indicated in the summary of the services purchased.
5. MODIFICATIONS BY THE ORGANISER
5.1 If, prior to departure, the Organiser is unable to provide (for reasons not ascribable to the passenger himself) the services/products envisaged in the contract, he shall promptly notify the passenger and shall not charge him anything for the cancelled service/product.
5.2 If, after departure, the Organiser is unable to provide (for reasons not ascribable to the passenger himself) the services/products envisaged in the contract, he shall promptly notify the passenger and shall not charge anything to the passenger’s on-board account for the cancelled service/product.
5.3 During the cruise, the passenger may request the services/products purchased to be replaced by similar services/products. Should the services given in replacement be worth more than those purchased, the passenger shall pay the difference on board. However, in the event they are worth less, the Organiser shall credit the difference to the passenger’s on-board account.
6. CANCELLATION AND AMENDMENTS BY THE PASSENGER
6.1 Pursuant to Art. 32 of the Code of Tourism, the right of cancellation envisaged by Articles 64 to 67 of the Italian Legislative Decree 206/2005 is excluded.
6.2 The consumer may cancel the contract for the service/product already purchased up to 4 days before the departure of the cruise without any penalties being applied.
In the event the passenger cancels after the aforementioned 4 days, he shall have no right to reimbursement and his on-board account will be charged with the amounts regarding all the services/products purchased.
6.3 If, during the cruise, the passenger is physically unable to use the service/product due to proven health reasons, he shall have the right to cancel the contract on presentation of a medical certificate and the Organiser will credit the passenger’s on-board account with the entire sum he has paid.
7. OBLIGATIONS OF THE PASSENGERS
7.1 The passenger shall behave in such a way as not to compromise the safety, tranqullity and enjoyment of the services/products by the other passengers involved. He shall comply not only with the rules of normal prudence and diligence and with all the measures established by the Organiser or by the local operators organising the excursions, but also with the regulations and administrative or legislative measures concerning the service/product.
7.2 The passenger shall be liable for all the damage suffered by the Organiser due to any breach of the aforementioned obligations. In particular, the passenger shall be liable for all damage caused to the ship or to its furnishings and equipment, for damage caused to other passengers and to third parties, to the vehicles used during the excursions, as well as all for the tickets, fines and expenses which, due to his conduct, the organiser is forced to pay by port, customs or health authorities or any other authorities of any country visited by the cruise.
8.1 The itineraries of the excursions published on the website and in the catalogue are purely indicative and are subject to variations. Excursion times and itineraries may be amended, depending on external circumstances (e.g. weather, strikes, transport delays, etc.) and on the operational requirements of the service providers.
8.2 Special terms and conditions, requisites or regulations may be applied to certain types of excursions (e.g. use of means of transport driven by the passenger).
8.3 As regards the particular nature of certain excursions, not all the services may be accessible to disabled persons. Therefore, before you purchase the product, the Organiser advises you to use the website, catalogue or toll free number to enquire whether the excursions of interest are accessible to disabled persons.
9. COMPLAINTS AND NOTIFICATIONS
9.1 The passenger must notify the Organiser in writing of any complaint of any non-compliance in the organisation or implementation of the service/product at the time it takes place or, if not immediately recognisable, within 10 working days from the date of the envisaged return of the cruise to the point of departure, under penalty of cancellation. The Organiser shall promptly and in good faith examine the complaints made and shall do its utmost, where possible, to come to a friendly and equitable settlement.
10. CONFIDENTIALITY 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.
11. LAW AND JURISDICTION
11.1 This contract and the general terms and conditions are governed by Italian law.
The Court of Genoa has exclusive jurisdiction for any controversies which may arise regarding this contract.