General Conditions of Carriage by Sea on the Maritime Excursion Regime

These General Conditions of Carriage by Sea are displayed and publicly available for consultation prior to booking and purchasing tickets, both in printed form in the sales areas at all the Carrier’s official ticket offices, and in digital form on the Company’s website (https://www.turmares.com/).

  1. DEFINITIONS
    “Carrier” refers to the Company TURMARES TARIFA S.L., which manages the carriage of passengers during maritime excursions with its vessels, under any operating and/or management regime.
    “Maritime excursion” refers to the passenger transport service associated with conducting tourist trips on ships or vessels that depart from a port, follow a navigational route, and return to the port of departure within no more than 12 hours, with possible intermediate anchorages and stopovers, provided that all passengers complete the entire itinerary.
    “Vessel” refers to any ship used for maritime or waterway navigation, which is a passenger vessel.
    “Passenger contract” refers to the agreement between the carrier and a passenger governing the provision of one or more services of carriage of passengers under the maritime excursion regime.
    “Ticket” or “Embarkation card” refer to the document duly issued by the carrier as proof of the contract made for the carriage of passengers.
  2. APPLICABLE LAW AND LIABILITY REGULATION
    This contract of carriage of passengers under the maritime excursion regime shall be subject to Spanish Law, community regulations and those international conventions to which Spain is a party. Specifically, Law 14/2014, of July 24, on Maritime Navigation, which is considered to be incorporated into the passenger contract, shall be applicable to this contract of carriage.
  3. PASSENGER CONTRACT AND TICKET
    By means of the passenger contract, established through the issuance of the corresponding ticket and/or embarkation card, the carrier undertakes, in exchange for a price, to carry by sea the passenger and, where appropriate, his/her luggage, under the maritime excursion regime.
    Tickets are personal and non-transferable and may be issued in electronic format. The contract of carriage by sea is fulfilled with the prior payment of the ticket duly issued by the carrier, understanding that by the mere fact of using the ticket of carriage, the passenger expressly accepts all terms and conditions.
    Only passengers with a valid ticket and/or embarkation card for the specified date, time, and route may embark. The carrier does not take responsibility for the loss of the ticket/embarkation card. The passenger is obliged to keep both documents for the duration of the journey. For any claim, the passenger must present a copy of the ticket and embarkation card, otherwise the claim cannot be processed. The carrier offers passenger carriage subject to its general, promotional and/or special fares, which are 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 does not take responsibility for passengers’ handbags and belongings in the event of theft or loss. Complaint and suggestions forms are available to passengers at our departure and arrival points.
  4. TIMETABLES, ROUTE, EMBARKING AND CANCELLATIONS
    The departure times of each sea excursion are predetermined and publicly available for consultation prior to booking and purchasing tickets, both in printed form in the sales areas at all the Carrier’s official ticket offices, and in digital form on the Company’s website (https://www.turmares.com/).
    The carrier is entitled to modify the announced timetables and may suspend or cancel the service due to safety concerns, operational reasons, meteorological conditions, or in case of “force majeure”.
    The carrier will establish and inform passengers of the final “cut-off time” for embarkation, after which embarkation will be denied to passengers who are not ready. The carrier declines any responsibility for denied embarkation of passengers who present themselves after the final cut-off time for embarkation.
    The carrier reserves the right to conduct the carriage by the route and itinerary they consider most appropriate.
    In case of cancellations by the passenger, the following conditions shall apply:
  • If the cancellation occurs earlier than 24 hours before departure, the full amount will be refunded; the claim for the amount must be requested within 7 days.
  • If the cancellation is made within 24 hours prior to departure, NO refund will be made.
  1. DISCIPLINE ON BOARD
    The captain holds command and direction of the vessel, has the status of authority on board, and may adopt whatever policing measures he deems necessary to maintain order on the vessel, and to ensure everyone’s safety on board.
    Passengers shall comply with the orders of the captain, without affecting their right to make any complaints they deem appropriate after the vessel has arrived in port.
  2. MAIN SERVICE, ANCILLARY SERVICES AND TAXATION
    For the purposes of the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT), VAT will be applied at a reduced rate of 10% for services of maritime carriage of passengers (art. 91.Uno.2.1° of Law 37/1992). Other ancillary services on board, such as on-board consumption, are taxed together with the main carriage operation.
  3. JURISDICTION
    Any disputes arising from the interpretation, application or execution of the carriage contract shall be subject to the exclusive jurisdiction of the Commercial Courts of Cadiz, without affecting the passenger’s right to seek alternative dispute resolution mechanisms regarding consumer matters:
    http://ec.europa.eu/consumers/odr/
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