REGULATIONS FOR THE TRANSPORT OF COMMERCIAL VEHICLES

"Tirrenia di Navigazione S.p.A.", with main offices in Naples at 2, rione Sirignano, in the following referred to as "the Company", takes upon itself the transport of motor vehicles at the Terms specified in these Regulations. Lacking specific terms, the "conditions" of the Company "Polizza generale" apply. The loader, upon the delivery of the transport document, implicitly declares to know, accept and the intention to abide to the content of such conditions. The text of these Regulations is available to users at Company offices and Agents, and c/o the on board Commanding Officer. Within these Regulations the word "motor vehicles" includes trailers.

IMPORTANT: The following one is only a free translation: in case of any discrepancy the Italian text shall prevail.

Art. 1 - Loading

The loading of commercial motor vehicles is carried out according to the sequence and criteria decided from time to time by the ship Commanding Officer. It is subject to ship requirements and to any other requirement connected to ship navigation and safety, as identified by the unquestionable assessment of the ship Commanding Officer, which prevails over any previous agreement between the Carrier and the Loader on space allocation. The loading Officer shall refuse the loading of vehicles exceeding their official weight limit.

Art. 2 - Presentation for loading

The loader must:

• present motor vehicles for loading not later than three hours before the ship departure time. Failing this, whatever the cause of the delay, motor vehicle loading shall not be guaranteed;
• to exhibit, upon vehicle presentation for loading, the transport document issued by Company Offices or Agencies, fully filled in, and all other documents prescribed for the transport, including custom documents;
• to take care, under his responsibility, of the putting in order and the raising of the load on the vehicle, as well as of its locking and sealing;
• to carry out the transport with motor vehicles efficient in every part and particularly with regard to the breaking, rolling and suspension systems;
• to declare, under his own responsibility, if the vehicle carries materials or goods inflammable, explosive, corrosive or anyhow dangerous, which may be accepted depending upon the ship qualification certification. In the event of transportation of dangerous materials in a tanker or packed on the vehicle, the loader is obliged to abide to all law regulations related to declaration, loading, packing and labeling of the concerned goods;

Transport of refrigerating vehicles is subject to the regulations issued by the Italian Ministry of Transportation and Navigation and by R.I.N.A., which forbid the use on board of the own vehicle energy sources. The carrier reserves the right, upon loader request at booking, to allow, subject to availability of suitable power sockets, the connection to the on board power system, provided that the vehicle is fitted with the special anti explosion connector. The power connection is allowed at the loader own risk and responsability, also toward third parties. Any and all ship and Company responsibilities are excluded in connection with any shortage or interruption of power, voltage transients and with any failure of the ship electric power system. The electric energy supply may be stopped by the ship Command in the event that the refrigerating motor should not function properly and should not provide suitable security guarantees toward the load and the ship. The loader is responsible toward the Company for damages which could derive from omissions or inaccuracies contained in the loading declaration (art. 457 of the Italian Code of Navigation).
The loader declaration in the bill of lading, concerning goods nature , quality and quantity, cannot be opposed to the Company, if the carrier has included in the same document reservations as "it is said to contain - nature, quality and quantity of the goods are unknown".

Art. 3 - Missed loading

In every case of missed loading, even if not attributable to the loader, the Company is obliged only to refund the freight possibly collected for the transport. The Company is not liable for any damage or expenses borne by the loader for any cause or reason. In the event that the missed loading is attributable to the loader, due to:

1. delayed presentation to loading of the motor vehicles, except for a proven force majeure case;
2. missing exhibition of the documents referred to in para b) of art. 2;
3. inefficient vehicle or load arrangement (points c) and d) of art. 2), as determined by the unquestionable assessment of the ship Command;
4. unfaithful declaration;
5. any other cause attributable to him;

the Company shall have the right to withdraw or request the payment of the transport freight and to consider concluded the transport contract.

Art. 4 - Transport terms

The Company takes upon itself the transport of motor vehicles on a dock to dock basis. Consequently, unless differently agreed upon, the loading and unloading costs are considered as included in the freight charge. Loading and unloading of accompanying vehicles are performed care of and under the responsibility of the loaders and of the receivers. Company responsability, also toward third parties, remains excluded, while the drivers remain viable for any damage brought to the ship. For vehicles unaccompanied the Company shall not be liable for damages occurred during loading or unloading, if it can prove that such damages are due to a force majeure event. All liabilities deriving from the transport contract cease with the docking of the motor vehicle, or with its consignment to the port company, in those ports where such company is operating. In the event that the receiver is not present for the vehicle collection, and has not given instructions to the contrary, the Company shall entrust to a third party the vehicle custody and the receiver shall bear costs and risks.

Art. 5 - Living animals carried on motor vehicles

The transport of living animals on motor vehicles will be allowed only if abiding to all laws and regulations presently in force, concerning the requirements for the driver/escort of the animals, the characteristics of the vehicle, the sanitary certifications of the animals for transportation and any other prescription. Care, food and water administering to the animals remain entirely to and under the responsability of the driver/escort. The animals shall not be subjected to ill treatments and/or to unjustified sufferings. The ship Command shall ensure that vehicles with living animals on board shall be positioned near to ventilation ducts and in places accessible to the escorts for food and water administering during navigation. Any and all responsibilities connected with the assistance to the animals during transport remain with the drivers/escorts. However the ship Command, within the limits of his means and jurisdiction, shall adopt, as the case may be, the most appropriate measures, particularly calling the drivers/escorts to their responsibilities. In the event of failure to comply with the regulations in force for the transport of animals, the drivers/escorts may be reported to the competent Authority.

Art. 6 - Damages to third parties

Motor vehicles, during transport, must remain with doors unlocked, gear engaged and ignition key available inside the vehicle, in accordance with the instructions given by the ship Command. Drivers shall always be available to the ship Command and ready to execute, during navigation and harbor halt, instructions possibly issued by the Command, particularly during conditions of emergency.

Art. 7 - Garage parking

Motor vehicles, during transport, must remain with doors unlocked, gear engaged and ignition key available inside the vehicle, in accordance with the instructions given by the ship Command. Drivers shall always be available to the ship Command and ready to execute, during navigation and harbor halt, instructions possibly issued by the Command, particularly during conditions of emergency.

Art. 8 - Reconsignment of vehicles

The reconsignment of vehicles is subject to the delivery of the transport document, duly signed by the driver/receiver for receipt. Upon arrival of the ship, the drivers or the receivers shall promptly pick up their vehicles. Failing the timely pick up, the vehicles shall put on the docks. The Company shall bear no responsibility on such vehicles, also in connection with possible violations of the port regulations regarding the parking on the docks. In ports where authorized port companies exists, the unpicked vehicles could be delivered by the Company to such port companies. All risks and costs remain on the loader/receiver. The consignment of the vehicle to the driver/receiver shall be effected only after all the expenses and accessories have been refunded.

Art. 9 - Responsabilities

The Company is exempted from any responsability for loss or damages, which the motor vehicles may suffer during loading and unloading, for reasons beyond its control. The motor vehicle, goods and any object housed in the vehicle, are considered as one single load unit, to the effect of art. 423 of the Italian Code of Navigation. Value declarations shall be taken into consideration only with a proper prior advice - not less than two working days from the reception of the declaration - and with the payment of an additional freight charge facing a suitable insurance coverage.

Art. 10 - Canceled departure and delay on arrival

The Company is not liable for damages due to canceled departures or changes of itinerary or delays or hindrances to arrival due to causes beyond its control.

Art. 11 - Travel interruption

The ship Commanding Officer, for force majeure reasons or for any need of the ship and of the journey, may disembark vehicles and accompanying passengers, if any, in a port different from destination, where the trip shall be considered as completed.

Art. 12 - Open deck loading

Except explicitly requested to the contrary by the loader, the Company has the right to load, as the case may be, any vehicle on the open deck, to its own option and unquestionable evaluation. The loader, with the act of vehicle delivery for embarkation, expressly and specifically accepts the possibility of open deck loading, exempting the Company from any and all responsabilities for any loss or damage to the vehicle and to the goods therein contained.

Art. 13 - Common Breakdown

The Common Breakdown shall be ruled by the national Regulations (art. 469 and following articles of Italian Code of Navigation) and, where applicable, by the regulations of York and Antwerp, in force at the time of the event. The settlement of the Common Breakdown shall be done in accordance with articles 611 and 612 of the Italian Code of Navigation by the competent magistrate as per art. 610 of the Italian Code of Navigation. The prescribed deposits shall be performed on a special account, jointly registered in the name of both a person trusted by the Company and person trusted by those having interest to the shipment, at a Bank selected by both parties. The depositors shall undertake to pay, without opposition, the amount that shall be determined finally in the Regulation of Common Breakdown.

Art. 14 - Forfeiture and prescription

Any damage possibly incurred by motor vehicles during loading must be immediately established, under cross examination with the ship Commanding Officer, by the present loader/driver. Any damage possibly incurred by motor vehicles during transport or unloading, or the failed unloading, must be immediately established, under cross examination with the ship Commanding Officer, by the present loader/driver. In the event that the loader, the receiver or the driver are not present, the damage declaration must be done in writing upon reconsignment of the vehicle. In the event that the vehicle has not been unloaded and the receiver is not present, the declaration must be formulated within three days after the date foreseen for unloading at destination. Missing above mentioned timely notifications, motor vehicles are supposed to have been duly reconsigned by the Company, in accordance with the terms stated in the the bill of lading. The rights accrued with the bill of lading of motor vehicles become prescribed after six months from their reconsignment. In the event of total loss or failed reconsignment, the above mentioned term starts from the ship arrival to destination port, or from the date when the ship should have arrived.

Art. 15 - Competent Court

The Court of Naples, where is located the Company Registered Office, is competent for any controversy, except for the provisions of art. 20 of the Italian Civil Code. The applicable law is the Italian Law.

Art. 16 - Other items

For matters not specifically dealt with in these Regulations, the rules of the Italian Code of Navigation and international agreements apply.

Art. 17 - Addition and modifications to the Regulations

Additions and modifications to these Regulations shall be made known by the Company through advertisements, published in the premises referred to in the introduction and shall enter into force at the date therein specified.