General terms and conditions for entering into contracts for passenger transportation on high-speed lines operated by TP LINE d.o.o.
Introductory provisions and scope of application
Article 1.
With these General Terms and Conditions for the conclusion of contracts for passenger transportation on high-speed lines, TP LINE d.o.o. (hereinafter referred to as "General Terms"), the general terms and conditions for entering into transport contracts are determined in accordance with the applicable regulations of the Republic of Croatia and the law of the European Union.
All terms used have their meaning determined by the corresponding legal regulations and rules of the European Union.
The ships are all owned by TP LINE d.o.o. (hereinafter: "Company" or "Carrier") with whom it carries out transport on any basis.
Limitation of the Company's liability and passenger insurance
Article 2.
The company's liability for damage is determined by the provisions of applicable international conventions, European Union regulations, and Croatian legislation.
The company is liable for damage exclusively to the extent and in accordance with the limitations of liability specified in paragraph 1 of this article, and it is entitled to all exclusions and reductions of liability prescribed by the aforementioned regulations.
The company is under no circumstances responsible for the loss of markets, jobs, or sales.
The company undertakes to have all passenger and luggage insurance in force during the trip, which is mandatory in accordance with applicable regulations, European Union law, and international conventions on mandatory passenger and luggage insurance in transport.
Conclusion of transport contracts and sailing schedule
Article 3.
By purchasing a travel ticket, the passenger enters into a transportation contract with the Company based on predetermined transportation conditions and in accordance with the published sailing schedule.
By selling a travel ticket, the Company undertakes to transport the passenger on the route for which the purchased ticket applies, while the passenger, by purchasing the travel ticket, fully accepts and accedes to the general terms and conditions of the contract specified in these General Terms and Conditions and undertakes to pay the transport fee.
In the case of boarding a passenger without a purchased travel ticket, the transport contract according to the pre-determined conditions of transport is considered concluded at the moment the journey begins.
The published schedule of navigation, in which the time period to which it refers is indicated, is part of the general conditions under which the Company carries out transportation by ships. The company reserves the right to change the sailing schedule without prior notice and reserves the right to cancel or change any trip if it deems it necessary due to extraordinary circumstances that it could not influence or foresee, or in the case of bad weather conditions.
Rights and obligations of passengers
Article 4.
A person acquires the status of a passenger by purchasing a ticket in his name, or by possession of a bearer travel ticket, and, in cases where the person does not have a valid travel ticket, by boarding the ship.
The passenger has the rights and obligations arising from the passenger transport contract, including the basic right to transport by boat on the route to which the travel ticket applies and the right to other services specified in the travel ticket.
By purchasing a travel ticket or boarding the ship, the passenger fully accepts these General Terms and Conditions and is obliged to comply with all rules and restrictions related to transportation.
In the case of buying a ticket online, the passenger accepts all the rules of online ticket sales prescribed on the website and application, while in the case of buying a ticket at the point of sale in cash, the passenger is obliged to count the returned money when buying the ticket, as subsequent complaints are not accepted.
From the moment of boarding the ship until the moment of disembarkation, the passenger is obliged to behave in accordance with the instructions of the ship's crew and must not disturb or harm other passengers or crew in any way. The passenger is obliged to handle the ship's inventory and items owned by other passengers with due care and is responsible for any damage caused to the Carrier and other passengers.
The passenger is obliged to comply with the regulations of all maritime, port, sanitary, customs, and other authorities, as well as all other applicable regulations. The passenger is particularly obliged to comply with the instructions and orders of the captain of the ship in the exercise of his powers and duties during the voyage.
During the trip, the passenger is obliged to have a valid identification document and any other document that is required due to the specifics of the trip or the port of destination, based on the valid regulations that apply to the port of departure, the port of destination, or the port of call during the trip. At the request of the authorized person responsible for the control of identification documents in accordance with the applicable regulations, the passenger undertakes to present a valid identification document. The carrier will refuse to carry any person who does not have a valid identification document.
The traveler is responsible for any damage caused by his actions or omissions during the trip. The passenger is personally responsible to the competent authorities, while in case of damage to the Carrier, the Carrier has the right of recourse against the passenger. The passenger is not entitled to compensation or a refund of the transportation fee in the event that the competent authorities do not allow him to board or disembark due to an incorrect identification document.
The master has the right to refuse the transport of a person whom he considers to be a danger to the safety of the ship or passengers.
The captain has the right to refuse to board and transport persons under the influence of alcohol and persons who do not comply with the regulations on public order and peace and rules on transportation, i.e., they may be excluded from further travel, in which case they are not entitled to a refund of the transportation fee for the unused part of the trip.
Complaints and objections of passengers are submitted in writing in accordance with the instructions published on the Company's website and at sales points. Each passenger's request must be supported by documentation that proves the validity of the request, including at least the travel ticket, invoice, and description of the request.
Ticket price (transportation fare)
Article 5.
The price of the travel ticket is determined by the price list valid on the day of purchase of the travel ticket, which is publicly published on the website, mobile application, and sales points of the Company or authorized partners of the company, as well as on the website of the Agency for Coastal Line Maritime Transport.
Reimbursement of the transportation fare
Article 6.
The passenger has the right to a refund of 90% of the amount of the transportation fare for the travel ticket issued in his name if the passenger cancels the trip in navigation within the internal sea waters of the Republic of Croatia six hours before the start of the trip, and in navigation outside these limits within three days before the start of the trip.
The passenger has the right to a refund of 90% of the transport fare for the bearer ticket, provided that he has cancelled the trip one hour before the start of the trip.
The transportation fare is not refunded if the passenger does not board the ship by the time the ship departs or if, during the trip, he abandons further travel, as well as in cases where he abandons the journey beyond the time frame specified in paragraphs 1 and 2 of this article.
Passenger's rights in case of trip cancellation
Article 7.
In case of cancellation or delay of departure, the Company is obliged to inform passengers about this situation as soon as possible and no later than 30 minutes after the scheduled departure according to the sailing schedule. The company is obliged to inform passengers about the new planned departure and arrival date.
In case of trip cancellation or departure delay of more than 90 minutes, the Company is obliged to provide passengers with a free meal (snack) or a refreshing drink (refreshment).
In the event that, due to cancellation or delay, the overnight stay of passengers is unavoidable, the Company is obliged to offer free accommodation to passengers if possible. In accordance with the applicable regulations, the Company has limited the total cost of accommodation to 80 euros per person for one night and for a maximum duration of three nights.
Passenger rights in case of trip cancellation or departure delay longer than 90 minutes
Article 8.
In the event of a trip cancellation or a departure delay of longer than 90 minutes, the Company is obliged to immediately offer the passenger the option of travelling on another line (rerouting) to the final destination as soon as possible and without additional costs or refunds, and when appropriate, return to the port of departure at no additional cost (a free return trip).
The passenger has the right to request compensation in addition to alternative transportation in case of a cancellation or delay in arrival at the port. The minimum amount of compensation is 25% of the ticket amount in cases of delay:
-1 hour for trips lasting up to 4 hours
-2 hours for trips lasting between 4 and 8 hours
-3 hours for trips lasting between 8 and 24 hours
-6 hours for trips lasting more than 24 hours
If the delay time is twice as long as the above-mentioned times, the fee is increased to 50% of the ticket. The charges will be paid in vouchers or money at the passenger's request within 1 month from the receipt of the request. The compensation must not be reduced by the amount of fees and charges.
The company, in accordance with the applicable regulations, determines that the conditions for payment of compensation described in the previous paragraphs apply exclusively to cases where the ticket price is greater than 6 euros.
The company is exempt from paying compensation or providing overnight accommodation to passengers in cases where the delay or cancellation of the trip is caused by weather conditions that threaten safe navigation.
Procedure for reimbursement of transportation fares and other payments
Article 9.
Refunds for transport tickets paid in cash are made at the Company's points of sale.
Reimbursement of transportation fares for transportation tickets paid with credit and debit cards are made through the bank by returning funds to the card used to make the payment.
The refund request for transport tickets purchased through the Company's website and mobile application is submitted via e-mail, and the refund request for transport tickets purchased at points of sale can also be submitted at the point of sale where the ticket was purchased.
Free transportation
Article 10.
The right to free transportation is based on and in accordance with the provisions of the Act on Transportation in Line and Occasional Coastal Maritime Traffic, and the Rulebook on the Conditions and Ways of Exercising the Right to Privileged Transportation on Lines in Public Maritime Transport have:
1. Pupils and students residing on the island who travel daily to school or a higher education institution outside the island
2. Pupils and students residing on the island who temporarily stay outside the island during their education and come to the island on weekends
3. children who attend a compulsory preschool program outside the island of their residence, as well as pupils and students who study on the island of their residence and children who attend a preschool program on the island of their residence, for activities outside the island of their residence,
4. children from one to three years of age,
5. pensioners and persons over 65 years of age residing on the island
6. police officers when performing duties on a ship or islands
7. inspectors and other authorized officials of the Ministry of the Sea, Transport and Infrastructure and the Agency for Coastal Line Maritime Transport when performing duties on a ship or islands
Persons listed in Article 2 of the Law on Privileges in Domestic Passenger Traffic have the right to privileges in transport in accordance with the conditions prescribed by the aforementioned law and the ordinance regulating the procedure for exercising the right to use privileges in domestic passenger traffic.
In the event of a change in the applicable regulations, the Company will harmonize the provisions of this article with the applicable regulations as soon as possible, and in case of non-compliance of the provisions with the regulations, the right to free transportation shall be exercised in accordance with the provisions of the law and regulations adopted on the basis of the law.
The right to preferential transportation
Article 11.
The right to privileged transport is realized in accordance with the provisions of the Ordinance on privileged transport of certain categories of persons in public liner maritime transport with a public service obligation, which establishes the documentation on the basis of which the right to privileged and free transport is proven, the rules and criteria for the use of the card are determined for preferential transportation, as well as the criteria for determining the amount of the discount according to the categories of persons who exercise the right to the discount, as well as other issues important for exercising the right to preferential transportation.
Travel ticket
Article 12.
The travel ticket is issued by the Company or an authorized partner of the Company to the passenger as proof of the existence and content of the passenger transport contract. If the travel ticket has not been issued, the existence and content of the passenger transport contract shall be proved by other evidence.
A travel ticket issued in the name can not be transferred to another person without the consent of the Company. The bearer's travel ticket can be transferred to another person before the start of the trip, and if the trip has already started, it can only be transferred with the consent of the Company.
In the case of purchasing a travel ticket via the website or via a mobile application, the passenger is obliged to present the travel ticket in electronic form or a copy of the travel ticket issued in electronic form.
Control of travel tickets and identity cards
Article 13.
The passenger is obliged to keep the travel ticket during the entire trip and, upon request, show it to the person in charge of ticket control or another authorized person.
A passenger who loses a travel ticket is not entitled to a refund according to the provisions of these General Terms and Conditions.
A travel card issued on the basis of an island identity card, a student identity card, or an identity card for persons with disabilities can only be used by the user of the identity card, who is obliged to present it for inspection to an authorized representative of the Company upon boarding.
The user of the island identity card, student identity card, or identity card for persons with disabilities is obliged to possess a valid island identity card on the basis of which the travel ticket was issued for the entire duration of the trip.
The Company will report any misuse of the island identity card to the surveillance process of the Agency for Coastal Line Maritime Transport.
Buying a travel ticket
Article 14.
The passenger is obliged to obtain a travel ticket in time before boarding the ship, using one of the following methods:
• at the point of sale in the port of embarkation or another port
• Company website
• the Company's mobile application
• at the Company's authorized partner
Exceptionally, the passenger can also buy the travel ticket on the ship in the event that it is not possible to buy a travel ticket at the port of departure.
When buying a travel ticket, the passenger pays the transportation fee according to the valid tariff for the date of travel and the port tax if it is prescribed.
A point of sale is a point of sale in the port managed by the Company or other legal entities and trades with which the Company has a contract and that sells travel tickets for the Company.
When issuing a travel card, for example, an island identity card, a student identity card, or an identity card for persons with disabilities, the Company's employees will check the identity of the bearer of the identity card.
In the event that the passenger does not have a card proving one of the rights to privileged or free transportation, the Company will refuse to issue a travel ticket for privileged or free transportation.
Payment of port fees
Article 15.
Port fees are calculated at the expense of the passenger and are charged in advance by the passenger when purchasing a travel ticket.
The amount of port duty paid will be shown on the map.
Exchange of travel tickets
Article 16.
When a passenger who has already purchased a travel ticket wants to change the route or type of travel before starting the trip, the change can only be made by returning and buying a new ticket.
Validity of the travel card
Article 17.
The travel ticket is valid only for the day and time period from the beginning to the end of the trip as indicated on the travel ticket.
Exceptionally, in the event of bad weather, technical problems, or other reasons why the Company is unable to perform the service, the travel ticket is valid for travel within 72 hours of the re-establishment of the line.
The passenger is obliged to keep the travel ticket until the end of the trip and show it to an authorized representative of the Company upon request.
A traveller without a travel ticket
Article 18.
A passenger who boards without a travel ticket, which he had to obtain before boarding, is obliged to immediately report to the captain or another authorized member of the ship's crew.
A passenger without a travel ticket, as described in paragraph 1 of this article, may be disembarked by the master of the ship for justified reasons.
A passenger without a travel ticket pays the transport fee from the port of embarkation to the port of disembarkation, and if he has not reported to the captain or another authorized member of the ship's crew in time, he is obliged to pay double the transport fee for the distance travelled.
The port of embarkation of the passenger is considered the port of departure of the ship if it cannot be determined that the passenger embarked at another port.
Boarding and disembarking passengers
Article 19.
Passenger boarding begins no later than 15 minutes before the scheduled departure of the ship at the first port of embarkation.
The passenger is obliged to board no later than 15 minutes before the planned departure time; that is, if the ship's stay in the port is shorter than 15 minutes, then as soon as possible.
The ship is not obliged to wait for a passenger who does not board on time.
In the event of an extraordinary event or force majeure when the ship does not touch the passenger's destination port, the passenger's rights are regulated in Articles 7 and 8 of these General Terms and Conditions.
Procedure in case of impossibility of payment on board
Article 20.
If the passenger, from whom the transportation fare, the difference in the transportation fare, or the like is to be charged, will not pay or does not have the means to pay, and this is established before the departure of the ship, the passenger will be disembarked or will only be provided with the scope of service for which he has a valid ticket.
Luggage transportation
Article 21.
With the passenger transport contract, the Company undertakes to transport the passenger's hand luggage and baggage, and the passenger will pay for the freight.
Hand luggage
Article 22.
Hand luggage is luggage that the passenger carries with him, serves personal needs and can weigh up to 20 kg.
There is no freight charge for hand luggage transport, but the cost of hand luggage transport is included in the passenger transport price.
During the trip, the passenger is obliged to take care of his own hand luggage, thus bearing responsibility for it.
The company is not responsible for possible alienation or damage to hand luggage.
It is forbidden to bring onto the ship as hand luggage items that, by their nature, may pose a danger or nuisance to the passengers or the ship.
Luggage
Article 23.
Baggage is hand luggage weighing 20 kg and other things transported with passengers.
Baggage transportation on fast shipping lines is limited by space and capacity, and the Company reserves the right to prescribe special conditions for transportation by individual ships.
Passengers are prohibited from carrying flammable, explosive, or other dangerous, toxic, and easily flammable substances, dangerous objects, weapons, or contraband in their luggage. The passenger is responsible for all damage caused to the Company if the passenger acts contrary to the prohibition specified in this paragraph.
The Company is not responsible for the money, securities, and valuables of passengers unless they are entrusted to the Company for safekeeping.
Loading and unloading of luggage
Article 24.
Boarding and loading of luggage are done by the passenger, who bears all related costs. The passenger is obliged to take care of his luggage during transportation.
The company is not responsible for alienation or damage to luggage, as well as damage to luggage or belongings of other passengers due to the movement of luggage during the trip. Responsibility for damage caused by his luggage is solely the responsibility of the passenger.
The passenger should follow the ship's staff's instructions for luggage placement.
Cargo
Article 25.
It is prohibited to transport any cargo on high-speed shipping lines. Bicycles and all other vehicles are considered cargo.
Transport of animals
Article 26.
The transport of pets is allowed, namely dogs, cats, birds, and other small animals.
The listed animals can only be transported in such a way that they do not pose a danger or a nuisance to the passengers or the ship.
Owners or companions of these animals assume the risk for the travel of their pets, must take care of them themselves (food, drink, hygiene, and other needs), and are responsible for any possible damage caused to passengers, crew, or the ship. Dogs on board must be muzzled (with the exception of service dogs) and kept on a leash.
The transport of small pets is allowed in salons, but only in a carrying bag. Transport of pets with maximum dimensions of 45 x 35 x 25 cm is allowed in a bag with a waterproof bottom. The total weight of a bag with a pet must not exceed 8 kg. The bag must be kept under the seat or on the passenger's lap, and one passenger is allowed only one bag with a pet.
For all other categories of pets, transportation is prohibited unless the technical conditions on board are met, i.e., boxes on open decks on catamarans (which are reserved and charged for).
In the event of a passenger's complaint about the behavior of animals placed in the lounge, the captain has the right to request that the animal with problematic behavior be placed in a box on the open deck if there are available seats. If there are no free spaces in the boxes, the captain has the right to disembark the owner and the animal with problematic behavior at the first port of call, without the right to a refund.
Other provisions
Article 27.
For all other issues that are not regulated by these General Terms and Conditions, the provisions of the Maritime Code, the Act on Transportation in Line and Occasional Coastal Maritime Traffic, and the provisions of other valid by-laws shall apply.
Zadar, on June 1, 2022.
TP LINE d.o.o.