Obligations of Toremar in the event of disservice
1. In the event of delay, TOREMAR informs passengers of the expected time of departure and arrival as soon as this information is available, but no later than 30 minutes after the expected departure time or one hour before the expected time of arrival.
2. If passengers miss a connection because of a delay, TOREMAR will make all reasonable effort to inform the affected passengers of alternative connections.
3. When TOREMAR reasonably foresees that a journey will be subject to a delay of over 60 minutes with respect to the scheduled departure time, it must offer passengers, free of charge, refreshments and drinks in reasonable quantities with respect tothe waiting time, if they are available on the ship or in the port or maybe reasonably provided.
4. In the event of delay requiring a stay of one or more nights, or a longer stay than that planned by the passenger, where and when this is physically possible, the passengers will receive, free of charge, accommodation in a hotel or similar and transport between the port and the accommodation, in addition to meals and refreshments as provided for under paragraph 3.
5. If the journey may no longer be continued by sea, TOREMAR will organise, where possible, and as promptly as it can, alternative transport services for the passengers.
6. For the purposes of implementing the provisions of the above paragraphs, TOREMAR dedicates particular attention to the needs of persons with disabilities and reduced mobility and to their companions.
7. When TOREMAR reasonably expects that a maritime passenger service may undergo a delay of over 120 minutes with respect to the scheduled departure time, the passenger will immediately:
a) be offered alternative transport services at reasonable conditions or, if this is not feasible, be informed of alternative transport services offered by other transport providers;
b) be reimbursed for the price of the ticket, if he does not accept the alternative transport services provided for under subparagraph a).
Reimbursement, as provided for under subparagraph b) is subject to the same conditions as those established for compensation as provided for under paragraph 8.
8. Without prejudice to the right to transport, the passenger may claim compensation from TOREMAR in the event of a delayed arrival due to cancellation or delayed departure. The minimum levels of compensation are established as follows:
a) 25% of the ticket price in the event of a delay of between 60 and 119 minutes;
b) 50% of the ticket price in the event of a delay of 120 minutes or over;
c) 100% of the price of the ticket if the carrier does not provide alternative services or information as provided for under paragraph 7(a).
9. Compensation will be paid within one month of the relative claim being submitted.
10. Compensation may be made in the form of vouchers and/or other services if the conditions are flexible (in particular regarding the period of validity and destination). Compensation may take the form of money if so requested by the passenger.
11. Paragraphs 8, 9 and 10 do not apply if the delay or cancellation is caused by exceptional circumstances that prevent performance of the transport service, which could not have been avoided even by adopting all reasonable measures.
12. TOREMAR shall, in the circumstances provided for under paragraphs 3, 4, 5 and 7 above, draw up and send to the Regional Council, within 48 hours, a report on the actions taken to fulfil its obligations.
13. TOREMAR shall promptly inform the Regional Council of any disservice relative to the services provided for under this agreement.
14. The contents of this article are an essential part of the General Conditions of Carriage for the passenger and goods services and of the Service Charter.