This contractual document will govern the General Conditions of contracting services (hereinafter, “Conditions”) through the website cruiseskontiki.com, owned by CRUCEROS KONTIKI SA, hereinafter, TRANSPORTER, whose contact details also appear in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
You’ve read, you understand and you’re agree with this text. He is a person with sufficient capacity to contract. Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the CARRIER website.
The CARRIER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
In general, the User is obliged to comply with these General Conditions of Use, where appropriate, the Particular Conditions that may be applicable, as well as comply with the special warnings or instructions for use contained in the Web pages and always act in accordance with the law. , to the good customs and the requirements of good faith, using the diligence appropriate to the nature of the service that it enjoys, abstaining from using the Web in any way that may prevent, damage or impair the normal operation of the same, the goods or rights of CRUCEROS KONTIKI, SA or in general from any third party.
Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Web, as well as in the provision of services: (i)
a) In the case of registering, the User agrees to truthfully provide the data provided and keep it updated;
b) Not to introduce, store or disseminate on or from the Web, any information or material that was defamatory, injurious, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or that of Any form that violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
c) Not to introduce, store or spread through the Web any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the Web, in any of the Services, or in any of the equipment, systems or networks of CRUCEROS KONTIKI, SA of any User, of the suppliers of CRUCEROS KONTIKI, S.A. or in general from any third party, or that in any other way is capable of causing any type of alteration or preventing their normal operation.
d) You are prohibited from carrying out advertising, promotional or commercial exploitation activities through the web pages, not using the contents and in particular the information obtained through the web pages to send advertising, send messages for direct sales purposes or with any other commercial purpose, or to collect or store personal data of third parties. It is also forbidden to store or disseminate through the web any content that infringes the intellectual, industrial or business secrets rights of third parties, nor in general any content which, in accordance with the law, did not have the right to make it available to third parties.
All the conditions will be governed by Spanish legislation, which will be applied in what is not provided in this contract in terms of interpretation, validity and execution, and with express submission to the Courts of Elche (Alicante) with jurisdiction to resolve conflicts.
GENERAL CONTRACTING CONDITIONS. PRE-CONTRACT INFORMATION
1.- These general contracting conditions together, where appropriate, with the particular conditions that may be established, expressly regulate the relationships that arise between CRUCEROS KONTKI, S.A. C / Ingeniero Lafarga 2-5º A (Alicante) and the Users who contract the provision of the services or products offered through said websites.
2.- These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906 / 1999 that regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Defense of Consumers and Users, Law 7/1996 on Trade Regulation Retail, Royal Decree-Law 14/1999 regulating the Electronic Signature and as many legal provisions as applicable.
3.- By the use and / or the provision of any of the services of the Webs, they imply the acceptance as User, without reservations of any kind, to each and every one of the General Conditions of Contract, of the General Conditions of Use of the Websites as well as, where appropriate, to the Particular Conditions that, where appropriate, govern the acquisition.
4.- CRUCEROS KONTIKI, S.A. informs that the procedures to make the reservation and / or obtain the provision of the services offered are those that are described in these general conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the User declares know and accept these procedures as necessary to access the products and services offered on the Webs.
5.- All the information provided during the hiring reservation process will be stored by CRUCEROS KONTIKI, S.A. so that the User may, upon request made in writing or by e-mail, request information regarding the operations carried out by him within the previous 6 months. Any modification and / or correction of the data provided by the Users during the navigation must be carried out according to the indications included in the Webs.
6.- Users who contract services through the website of CRUCEROS KONTIKI, S.A. They claim to be of legal age (18 years). In the case of contracting by minors, authorization from parents or guardians is required to enjoy the contracted service.
7.- The Services offered on the Web pages -publication of information and reservation and / or sale of tickets on-line- will be governed both by the provisions of these General Conditions and, especially, by the provisions of the Particular Conditions established for each of said services.
8.- All the technical means and requirements that are required to access the Web and the services offered therein will be the sole responsibility of the User, as well as any expenses or taxes that the provision of said services may give rise to.
GENERAL CONDITIONS FOR THE TRANSPORTATION OF PASSENGERS FOR TOURIST TRAVEL IDA AND RETURN FROM ALICANTE TO TABARCA ISLAND
Art. 1. Validity
Art. 2. Price
Art. 3. Accommodation
Art. 4. Presentation for shipment
Art. 5. Loss of the ship
Art. 6. Cancellation and refund
Art. 7. Advancement / delay in departure or arrival – departure cancellation
Art. 8. Rules to be met by the passenger
Art. 9. Transport of unaccompanied minors
Art. 10. Passenger health conditions
Art. 11. Passengers in need of particular assistance
Art. 12. Pregnant women
Art.13. Explosives, flammable substances and dangerous materials
Art. 14 Baggage
Art. 15. Transfer of luggage
Art. 16. Pets
Art. 17. Passenger Information
Art. 18. Applicable legislation and competent forum
The General Conditions of Carriage of Passengers are published on the website www.cruceroskontiki.com
The reservation and / or purchase of the ticket implies the unconditional acceptance by the Passenger, for all legal purposes, of the following General Conditions of Carriage of Passengers (CGTP).
Before making your reservation, point out that the ticket will be delivered to the ticket offices that exist in the port of Alicante after exchanging that reservation, by scanning the QR code and there the transport contract will be perfected with the issuance of the transport ticket.
The bearer of each ticket and / or ticket reservation declares to know the general conditions of carriage, as well as those set forth herein, which are available to users at our points of sale and at our website address :, and the expressly accepts. Likewise, the traveler must at all times follow the instructions of our ground staff as well as comply with the instructions and orders issued by the crew during the voyage, especially in extraordinary or need situations.
The term “Passenger” refers to any person transported according to the passenger ticket issued by the carrier. The term “Carrier” and / or “Company” refers to CRUCEROS KONTIKI, S.A.
• The object of the contract is to provide transportation TO AND FROM THE PORT OF ALICANTE TO THE ISLAND OF TABARCA WITH A DISCRETIONAL NATURE under the Navigation Code. The Carrier agrees to transport the Passenger under the following conditions, which the Passenger agrees to read and comply fully with before purchasing and / or booking the passenger ticket.
• The maritime transport service refers to the route indicated in the travel title, which includes accommodation on board.
• The term “Sea Carrier” refers to the contractual carrier and the actual carrier. The ship used for transport is part of the CRUCEROS KONTIKI, S.A. Fleet.
• Disabled Passengers or Passenger with Reduced Mobility is any passenger whose mobility in the use of a means of transport is reduced for reasons of physical disability (sensory or motor), mental or psychological impairment or any other cause of disability or deficiency, or permanent or temporary, whose situation requires special attention and the adaptation of services to passengers on the ship, as a result of said disability.
Art. 1. VALIDITY: It will be necessary to collect the tickets corresponding to your reservation in person. Tickets can only be exchanged the same day of the trip and up to 20 minutes before the departure of the ship. You will withdraw at the ticket offices set up at the port of departure corresponding to your trip. This ticket will be round trip from the port of Alicante to the Port of Tabarca, and the return to the port of origin.
The validity of the ticket is only for the day and time selected by the passenger at the time of purchase.
The ticket is personal, cannot be transferred and is only valid for the transport specified in it.
The Passenger must diligently keep the ticket to justify the right to travel and to show it to any officer of the ship or company employee who requests it. Passengers who lose their ticket must pay the total price of the ticket, without prejudice to any possible damages.
Art. 2. PRICE: the price indicated on the ticket is equivalent to the carrier’s rate in force on the date of issuance of the reservation. Discounts and particular reductions have no retroactive effect on tickets already issued.
The ticket price includes taxes and port fees that the company pays to each competent authority.
In the event that a Passenger acquires his reservation through the websites, the transport contract will be considered terminated once the reservation system has communicated the reservation reference number and the ticket number (non-reception of the Internet Ticket does not cancel the issuance of the ticket already confirmed on the screen).
Art. 3. ACCOMMODATION: The Passenger will occupy the free space on the ship without any numbering in this regard, will follow the instructions of the company personnel and will not leave their seat during the journey.
In the case of people with disabilities, the Company will be informed without delay that – in order to guarantee the passenger with reduced mobility and the disabled passenger comfort and safety for the entire duration of the trip – they will have to assess the actual availability of the same.
Art.4. PRESENTATION FOR BOARDING: The passenger must appear at the box office of CRUCEROS KONTIKI, S.A. at least 20 minutes before departure time, to proceed with the exchange of the ticket and to be able to board.
Art. 5. LOSS OF THE SHIP: Passengers who do not show up to boarding at the times indicated above or who do not board the ship indicated on the boarding pass will not be entitled to any type of refund.
In the same way, no refund will be offered if the passenger is denied boarding for security reasons, even if it is presented within the aforementioned hours.
Art. 6. CANCELLATION AND REFUND: The Passenger must communicate the cancellation of the reservation directly to the Company through the email firstname.lastname@example.org.
You can make such cancellation up to 72 hours before the day and time chosen to travel. From that moment on, it will no longer be refundable for being pre-sale.
The company will proceed to make said refund using the same payment method used by the passenger for the initial transaction.
Art. 7. ADVANCE / DELAY IN DEPARTURE OR ARRIVAL – DEPARTURE CANCELLATION:
CRUCEROS KONTIKI, S.A. reserves the right to modify or cancel any schedule for meteorological or technical reasons
Given the unique means by which maritime transport is carried out, a maximum duration of the journey on any of the frequencies cannot be guaranteed to travelers, who, knowing this circumstance, expressly assume the damages that may originate or derive from the delay in transport and, even, in the event that, for this reason, they lose the connection and link with other means, exonerating the company from any responsibility.
The Carrier declines any responsibility for the damages caused to the Passenger by the delay or non-execution of the transport if these are caused by fortuitous cases or force majeure, adverse marine weather conditions, strikes and technical breakdowns constituting force majeure or by other causes not attributable to it and that comply with the provisions of articles 402, 403, 404 and 408 of the Navigation Code and EU Regulation No. 1177/2010.
Art. 8.. RULES TO BE FULFILLED BY THE PASSENGER:
The Passenger is obliged to comply with the Spanish and community legal requirements, the General Conditions for the Transport of Passengers (CGTP) published in it and displayed at the points of sale and the instructions provided by the Captain of the ship. Likewise, the Passenger must respond directly to the Company for any infraction, fine or expense that, through her fault, the port authorities impose on the Company.
In the event of an emergency, the Passengers must make themselves available to the Captain and the crew and must follow the orders and prescriptions they receive in a disciplined manner.
Notwithstanding the foregoing, CRUCEROS KONTIKI, S.A reserves the right to denounce the Passenger responsible for the aforementioned behaviors as long as they represent a case of criminal or disciplinary offense, according to applicable regulations.
The Passenger is also obliged to respect the provisions of the Carrier that prohibit smoking inside the properly marked ship.
Passengers, at their own expense and under their own responsibility, must check the adequacy of their personal documents and transport title before boarding.
The Passenger will be liable for all the damages caused by her or by the animals in her charge in the furniture, dependencies, accessories and equipment of the ship, as well as in other Passengers, in the personnel of the Carrier or in its assistants.
In the event that the Passenger on board jeopardizes the safety of the trip, disturbs the Passengers or the crew or behaves in a way that causes discomfort, prevents the crew from carrying out their duties or does not comply with the instructions of the Captain of the ship and the Crew regarding the correct behavior on board or the respect of the procedures, said Passenger may be subjected to the necessary measures to prevent or limit said behavior, including coercive measures within the legal limits; in the same way, you may be disembarked or denied the continuation of the transport.
All passengers must comply with the health and safety regulations on board, and remain in their seats throughout the journey.
The company reserves the right not to board those who have adopted on previous occasions / trips behaviors that violate the General Conditions for the Transport of Passengers (CGTP) in force.
Art. 9. TRANSPORTATION OF UNACCOMPANIED MINORS: Passengers under the age of 14 cannot travel alone. They must be constantly watched by their parents and / or by the adults in charge of their custody and cannot circulate on the ship without being accompanied. The Carrier will not be responsible in any case for the damages that minors may suffer if the previous indications are not complied with.
Passengers between 14 and 18 years of age may travel alone on condition that they have a written authorization from their parents or legal guardian that exempts the Carrier from any responsibility. Said authorization must be carried at least exempting the carrier from any incident.
Art. 10. PASSENGER SANITARY CONDITIONS INCLUDING SPECIFIC MEASURES COVID-19:
Specific Sanitary Measures COVID 19:
Users must comply with the sanitary measures that the carrier indicates as prevention of transmission of Covid-19. These are:
Mandatory use of a mask to get on board, which will remain on all the way until disembarking.
Hand wash with hydroalcoholic gel provided by the carrier before boarding the ship.
Maintain the safety distance as much as possible, in waiting queues and common areas of the ship.
Follow the instructions of the ship’s personnel about seats and circulation inside it
The Captain has the power to reject from the passage any person who does not comply with the hygiene regulations or who, in his opinion or that of the Company itself, is in physical or mental conditions that do not allow him to face the trip, or whose condition may represent a danger to themselves or to the safety of other Passengers or to anyone who has abused drugs, hallucinogens, alcohol or other substances that prevent them from making the journey. In these cases, the Passenger will not be entitled to compensation and, in turn, will be responsible for damages caused to the ship, its equipment and supplies, third parties and their belongings.
The acceptance of the Passenger on board by the Company should not be considered as a waiver of any of his rights to subsequently assert his reservations regarding the Passenger’s conditions, whether or not the Company knew them at the time of boarding and / or departure of the ship.
Art. 11. PASSENGERS IN NEED OF PARTICULAR ASSISTANCE: the transportation of Passengers with reduced mobility, disabled or sick or of people who require particular assistance must communicate, with the documentation that justifies the right, at least 5 business days before of the exchange of the reservation for the ticket to the Carrier, by email: email@example.com
Passengers who use wheelchairs or other mobility devices will have to take them with you.
Art. 12. PREGNANT WOMEN: The passenger who knows that being pregnant is obliged to notify the Captain of her condition before boarding.
In conditions of gestation without complications, after the 6th month of pregnancy, it is necessary for the Passenger to have a medical certificate certifying the suitability to face the trip by sea, which she must present to the officer of the ship that requests it. In all other cases, the pregnant Passenger must present a medical certificate authorizing the trip regardless of the month of pregnancy. Notwithstanding the foregoing, the Captain may use the discretion mentioned in the previous art. 13.
Art. 13 EXPLOSIVES, FLAMMABLE SUBSTANCES AND DANGEROUS MATERIALS: the Passenger is strictly prohibited from including in his luggage or in things transported aboard his vehicles industrial residues or explosive and / or flammable substances or otherwise dangerous for the safety of the ship and of the load or for the integrity of the rest of the Passengers and the members of the crew. In case of breach of said prohibition, the Captain is authorized to seize or destroy said substances without the Passenger being able to request any type of compensation. Furthermore, the Passenger will be held responsible for the consequences derived from the breach of said prohibition.
It is strictly forbidden to light gas or electric stoves, irons and any other instrument that may cause a free flame anywhere on the ship.
In the case of seizure of said instruments, they will not be returned and nothing may be required as compensation to the Company.
The Captain of the ship has the right to remove these instruments and disembark them and may also file a complaint with the competent authorities. Furthermore, the Company has the right to request compensation for any possible damage and / or damage to the ship and / or crew.
Art. 14. BAGGAGE: The luggage will be guarded by the passenger himself, and the Company is exempt from liability.
Art. 15. TRANSFER OF BAGGAGE AND LOSS AND / OR IMPAIRMENT OF BAGGAGE The luggage allowed is personal.
The Carrier will not be liable for losses and / or damages attributable to vandalism and / or willful acts of third parties. The company is not responsible for theft or loss of luggage or personal belongings of passengers. Passengers are recommended to carry valuables with them.
Art. 16. PETS: the transport of small-medium-sized pets (cats, dogs, etc. as defined by Reg UE 576/2013 – Annex I Part A) is allowed with the Passengers provided they have a certificate of good health, wear a leash and muzzle out of respect for the rest of the passage. As required by EU Reg. 576/2013 Article 5, pets (species listed in Annex I, part A)
The Passenger who travels with pets is responsible for the behavior of the animal throughout the trip.
Guide dogs in the accompanying service of a blind Passenger and Civil Protection dogs that carry the relevant certification and are on duty are allowed access to the common areas of the ship. Passengers are responsible for any possible material or personal damage caused by their pets. The Carrier declines any responsibility for the possible removal or suppression of animals by the Sanitary Authorities from the port of embarkation / disembarkation, as well as for the damages suffered by the pet, including its escape, loss or death, during transport or boarding and disembarking, unless intent and / or fault attributable to the Carrier is demonstrated. The Passenger is obliged to maintain an appropriate and diligent behavior at all times to avoid and / or prevent such problems.
Art. 17. INFORMATION ABOUT PASSENGERS: All passengers on board must communicate to the Company their needs for particular attention and / or assistance, as indicated in art. 14.
Likewise, Passengers must communicate their general information during the reservation: name and surname, sex and age category (baby, child, adult). The Passenger is obliged to communicate any possible change of his personal data produced between the moment of the reservation and the moment of boarding. Personal data is collected pursuant to EEC Directive 98/41 of 06/18/1998, of the regulations relating to the application of the ISPS code on anti-terrorism regulations.
During the reservation, the Passenger must indicate their contact mobile phone number. The Passenger will be informed of any possible cancellation and / or variation through the telephone number provided during the reservation (also by SMS). The company is not responsible in case of not being able to contact Passengers by telephone if they do not leave a number, if they provide an incorrect number or if they communicate.
The Carrier has the power to use the personal data provided by the Passenger, including the information related to the purchase, for the purposes of:
make a reservation and / or issue a ticket;
provide transportation and related services;
accounting, billing and review;
verify and control credit cards and other payment cards;
inform about the purchased trip (for example, in case of time changes and / or cancellations);
control and security purposes and for sanitary, administrative and legal purposes;
develop and supply services;
marketing activities and market studies (to be implemented only with the Passenger’s permission or for which the Carrier will offer the possibility of being excluded).
The Passenger, exclusively for the purposes indicated above, authorizes the Carrier to use and, if necessary, to transmit the personal data provided to:
Carrier related companies;
Carriers and other companies that offer transportation or related services;
port and commercial agents of the Carrier;
States and public organizations;
The shipping company, if necessary, can request that Passengers with disabilities and / or Passengers with reduced mobility travel with a companion, who is capable of providing adequate assistance for them. Said accompanying passenger must pay for the ticket service.
Art. 18. APPLICABLE LEGISLATION AND COMPETENT FORUM: the contract for the transportation of Passengers, luggage and vehicles is governed by the Navigation Code, Regulation (EU) No. 1177/2010 and is interpreted in accordance with Spanish legislation. In the event of conflict derived from the interpretation and / or execution of the transport contract, only the Court of Elche (Alicante) will be competent, according to the express agreement in this act, and waiving the jurisdiction that corresponds to the passenger.