TERMS AND CONDITIONS
These are the Terms and Conditions, which apply to your holiday package. Please read them carefully as you be bound by them.
Click here to find out more about the MSC Cruises Covid-19 Protection Plan.
* applicable to all bookings related to cruises sailing from 1st august 2020 and/or any later date until further notice.
GENERAL MSC CRUISES Terms and Conditions
- “Booking” means the steps taken by the Passenger to enter into a Contract with the Company.
- “Booking Terms & Conditions” means these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website and/or other information which will form the express terms of your Contract with the Company.
- “Carrier” means the entity who has undertaken the obligation to carry the Passenger from one place to the other as indicated in the Cruise ticket, airline ticket or other ticket issued for any other applicable transport and is thereby indicated on such documents as “carrier”. Carrier includes the owner and or charterer and or operator and or manager and their servants and or agents.
- “Company” means MSC Cruises S.A. whose registered address is 16, Eugene Pittard, CH-1206 Geneva, Switzerland who organises Holiday Packages and sells or offers them for sale, whether directly or through a Sales Agent.
- “Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by air, road or sea. The Conditions of Carriage may refer to the provisions of the law of the country of the Carrier and/or international conventions which may limit or exclude the liability of the Carrier. Copies of the Conditions of Carriage of any Carrier are available to the Passengers upon request.
- “Contract” means the contract concluded between the Company and the Passenger relating to the relevant Holiday Package which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the Passenger.
- “Cruise” means the transport by sea and the stay onboard a MSC Cruises vessel (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as a Holiday Package.
- “Disabled Passenger” or “Passenger with Reduced Mobility”; means any Passenger whose mobility when using transports is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all Passengers.
- “Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s or the Company’s control including Acts of God (such as, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports.
- “Grand Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the Grand Tour shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a Grand Tour unless otherwise stated. References to price are references to the total price paid for the Grand Tour.
- “Hotel service charge” is mandatory and integral part of the price. The charge per person can be paid onboard at the end of the cruise or prepaid at the time of booking. The Hotel Service charge does not apply to children under 2 years of age old at the time of the cruise departure date. (For more information pls refer to the website page “Before you go” Service charge section).
- “Official Website” means the set of related web pages, documents and hypertext links served from the web domain https://www.msccruises.co.uk/en-gb/Homepage.aspx?utm_source=bing&utm_medium=cpc&utm_campaign=b_brand.
- “Passenger” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
- “Sales Agent” means the person or travel agency that sells or offers for sale the Holiday Package put together by the Company, on its own or on behalf of the Company.
- “Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Holiday Package and is offered for sale by the Company onboard its vessels.
- “World Cruise” means the tour of the world prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the World Cruise shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise.
1. Booking Procedure and Deposit
1.2 By booking for a Holiday Package, the person making the Booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Terms & Conditions and that he/she has authority to accept these Booking Terms & Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 A non-refundable deposit of £100 per person (European cruises) and £250 per person (outside Europe - including for infants up to 2 years) is due and payable by the Passenger at the time of Booking. For the World Cruise, a non-refundable deposit equal to 15% of the price of the Package is due and payable by the Passenger within the first week starting from the date of the booking confirmation.
1.4 A Booking will be completed and the Contract will be effective only when the Company accepts the Booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.
2.1 Every Holiday Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required no later than 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020).
2.3 If the Booking application is made within 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), then full payment must be sent at the time of Booking.
2.4 If any Passenger fails to pay the balance 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), the Company has the right to cancel the Booking without notice and levy cancellation charges
3. Prices and Price Guarantee
3.1 No change to the Holiday Package price will be made within the 20-day period before departure or once full payment has been received by the Company.
3.2 The Company reserves the right to modify the Contract price at all times prior to those detailed in 3.1 above to allow variations for:
a) Air transportation costs;
b) Fuel costs for the propulsion of the vessel;
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports.
d) the exchange rates relevant to the Holiday Package.
Variations may be upwards or downwards. For paragraph a) any variation of the Holiday Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the Holiday Package price will be equal to 0.33% of the price of the Cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Holiday Package price will be equal to the full amount of the fees.
3.3 If the increase in the Holiday Package price amounts to more than 8% of the total Holiday Package price at the time of Booking, the Passenger will be entitled to cancel the Contract with a full refund of the Holiday Package price within the limits and to the extent of the amount effectively paid by the Passenger at the time of cancellation. Such right of refund does not include insurance premiums paid which are in no case refundable.
3..4 To exercise the right to cancel the Passenger must
5. Passport, Visas and Travel Advice
It is the duty of the Passenger to verify that his/her passport, visas, or other documents for travel are accepted in the countries where the Holiday Package is deployed. Passengers are strongly advised to check for all legal requirements for travelling abroad and at the various ports to include the requirement of visas, immigration, custom and health.
6. Fitness to Travel Pregnancy, Medical Facilities
6.1 The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other Passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
6.2 Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must inform the Company at the time of Booking and submit a doctor’s certificate prior to Booking.
6.3 In any case, the Company and/or the Carrier has the right to request, at their own discretion, the Passenger to produce medical certificates supporting the fitness to travel.
6.4 Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
6.5 The Company and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. The Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and shall have no liability in respect of such refusal.
6.7 In the case of a Booking made by a Passenger who was not aware at the time of Booking and could not have reasonably known at the time of Booking that she was pregnant over the terms provided by upper clause 6.5 then, the Company will offer the Passenger the choice of Booking another Cruise from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of Booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition. The refund will not include insurance premiums paid which are in no case refundable.
6.8 If it appears to the Carrier, the master or the ship’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
6.9 Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
7. Disabled Passengers and Passengers with Reduced Mobility and Tender Safety
7.2 The Passenger is asked to provide full details at the time of Booking if the Passenger:
a) Is unwell, infirm, Disabled or has Reduced Mobility;
b) If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
c) If the Passenger has any special seating requirements;
d) If the Passenger needs to bring any medical equipment on board;
e) If the Passenger needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to national regulations).
7.3 Where the Company and/or the Carrier consider strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the Cruise, it may require a Disabled Passenger or Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or Passenger with Reduced Mobility. This requirement will be based entirely on the Company and/or the Carrier assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair during the whole Holiday Package and might also be requested to be accompanied by a travelling Passenger fit and able to assist them.
7.4 If the Passenger has any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
7.5 If after careful assessing the Passenger’s specific needs and requirements, the Company and/or the Carrier concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a Booking or embarkation of a Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any disabilities or needs for assistance in order for the Company and/or the Carrier to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses 7.5 to 7.6 of these Booking Terms & Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company.
7.7 The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
7.8 For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of Booking the Holiday Package and the date of commencement of the Holiday Package that he/she will require special care or assistance as detailed above, the Passenger is asked to inform the Company immediately so that the Company and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
7.9 Disabled Passengers or Passengers with Reduced Mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.
7.10 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Passengers ashore. A tender is a small vessel and may not be suitable for persons with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely. Passengers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and Passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day. Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision. Wheelchairs and mobility scooters, will not be carried by the crew into the tender. All Passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the master or any of his officers if there is any doubt as to the safety of any Passenger.
All Passengers must take extra care when stepping on and off the tender. There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry Passengers. The same precautions apply when Passengers disembark the tender in the port.
8. Public Health Questionnaire
9. Food Allergies
10. Medical Assistance
10.2 In compliance with Flag State requirements, there is a qualified doctor onboard and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical centre is not equipped as a land-based hospital and the doctor is not a specialist. Neither the Company, nor the Carrier, nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
10.3 The Passenger acknowledges that whilst there is a qualified doctor onboard the vessel, it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the Cruise and will be responsible to pay for onboard medical services.
11. Medical Equipment
12. Booking Changes requested by the Passenger
12.1 Passageraren har rätt att ersätta sig själv med en tredje part, förutsatt att:
(a) tredje parten uppfyller alla villkor för att få delta i resan och,
(b) en underrättelse skickats till Företaget senast 7 dagar innan avresa.
Om villkoren i ovan angivna klausul är uppfyllda kommer namnändringar bli föremål för en avgift på 500 kr per Passagerare, vilket motsvarar Företagets kostnader för att genomföra namnändringen. Om flyg är inkluderat i Bokningen, se punkt 12.3 nedan. Namnändringar som begärs inom 7 dagar från avresa kommer att betraktas som avbokning.
Passageraren och den tredje parten Avtalet är överlåtet till är gemensamt ansvariga för att priset för Semesterpaketet och eventuella andra kostnader hänförliga till ändringen betalas till Företaget.
12.2 Passageraren har dessutom rätt att, dock endast en gång, byta det inköpta Semesterpaketet ("Ursprungliga Semesterpaketet") till ett annat Semesterpaket ("Nya Semesterpaketet") under följande förutsättningar:
(a) datumet för det Nya Semesterpaketet är senare än det Ursprungliga Semesterpaketet,
(b) begäran om byte från det Ursprungliga Semesterpaketet till det Nya Semesterpaketet inkommit inom 10 arbetsdagar innan planerad avresa och det finns lediga platser på det Nya Semesterpaketet,
(c) datumet för avresan för det Nya Semesterpaketet infaller inom tre månader från det planerade datumet för avresa för det Ursprungliga Semesterpaketet.
Om villkoren i ovan angivna punkter är uppfyllda kommer ersättningen av det Ursprungliga Semesterpaketet med det Nya Semesterpaketet bli föremål för en administrationsavgift på 500 kr per Passagerare vid bokning i Bella Experience. Vid bokning i Fantastica, Aurea och MSC Yacht Club tas ingen administrationskostnad ut.
Det är underförstått att förutom den ovan angivna administrationsavgiften tillkommer prisskillnaden på det Nya Semesterpaketet, om prisskillnaden är högre än priset för det Ursprungliga Semesterpaketet. Denna kostnad, inklusive förhöjda försäkringspremier, bekostas av Passageraren.
Om priset på det Nya Semesterpaketet är lägre än det Ursprungliga Semesterpaketet utgår ingen ersättning till Passageraren.
En Passagerare som byter Semesterpaket har fortfarande rätt att häva Avtalet och erforderliga avbokningsavgifter kommer då att tillkomma. Avbokningsavgifterna baseras på det avtalade priset (enligt ovanstående bestämmelser) och det pris som tillhandahålls enligt punkt 13 i dessa villkor (enligt avgångsdatumet för det Ursprungliga Semesterpaketet). För passagerare som byter Semesterpaket, så gäller betalningsvillkoren enligt avgångsdatumet för det Ursprungliga Semesterpaketet.
Företaget kommer göra skäliga ansträngningar för att tillgodose Passagerens begäran om ändringar av flyg-, transport- eller andra tjänster och anpassa dem till det Nya Semesterpaketet. Företaget kan under inga omständigheter hållas ansvarigt om vissa önskemål om ändringar inte går att genomföra.
12.3 Namn- eller datumändringar är inte alltid tillåtna av flyg-, transport- eller andra tjänsteleverantörer och i många fall behandlar leverantörer sådana ändringar som en avbokning och tar betalt i enlighet därmed. Eventuella extra kostnader inklusive avbokningsavgifter och/eller ökade priser som uppbärs av flygleverantörer eller annan tredje parts leverantör kommer att vara uteslutande Passagerarens ansvar och debiteras utöver den avgift som nämns i punkt 12.1 (b) ovan.
12.4 Som angivits ovan kan andra ändringar i bokningen begäras (även efter att bekräftelsesfakturan har utställts) fram till 10 dagar före avgång, med förbehåll för en minimiavgift på 500 kr per person och ändring. Eventuella extra kostnader som kan uppkomma till följd av ändringen kommer att vara uteslutande Passagerarens ansvar.
12.5 Begäran om ändring av en bokning som mottagits av Företaget efter ovan nämnda tidsgränser kommer att behandlas som en avbokning och avbokningsavgifterna enligt punkt 13 nedan gäller.
12.6 Om ändringarna även omfattar utskrift av nya kryssningsbiljetter utgår en extra avgift om 200 kr per hytt. Detta gäller inte för namnändringar enligt punkt 12.1 ovan.
12.7 Eventuella ändringar som en Passagerare begär under en Combined Tour ska alltid gälla hela Semesterpaketet. Alla relevanta tidsgränser löper från det planerade avresedatumet för den första Kryssningen av Combined Touren.
13. Cancellation by the Passenger
Cruises < 15 Nights
• 63 days or longer before departure – Deposit
• 62 to 42 days before departure – 25%*
• 41 to 29 days before departure – 40%*
• 28 to 15 days before departure – 60%*
• 14 to 6 days before departure – 80%*
• 5 to 0** before departure – 100%*
Cruises ≥ 15 Nights
• 93 days or longer before departure – Deposit
• 92 to 72 days before departure – 25%*
• 71 to 59 days before departure – 40%*
• 58 to 45 days before departure – 60%*
• 44 to 15 days before departure – 80%*
• 14 to 0** before departure – 100%*
World Cruise 2019
• 90 days or longer before departure – 15%*
• 89 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%*
• 14 to 10 days before departure – 75%*
• 9 to 0 days before departure – 100%*
World Cruise 2020
• 120 days or longer before departure – 15%*
• 119 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%*
• 14 to 10 days before departure – 75%*
• 9 to 0 days before departure – 100%*
*or loss of deposit whichever is greater (£100 for cruise only, £250 for fly/cruise)
** “no-show” upon departure and Holiday Package breaking shall be dealt as a cancellation made on the day of departure.
*** or loss of deposit whichever is greater
13.3 In case a cabin remains for single use after the cancellation of a Passenger: (a) the Company will levy to the withdrawing Passenger charges according to the above clause 13.2, which in any case will not be lower than £100.00, in addition to the insurance premium; (b) the Passenger occupying the cabin for single use will also bear a 100% single surcharge, or any lower single surcharge the Company will be levying at that moment to any single cabin Booking.
14. Booking Changes Effected by the Company
14.8 In some circumstances, Passengers may be entitled to the difference in price between the Cruise contracted for and that provided. Refunds will be made for shore excursions not performed.
14.9 Passengers also have rights in certain circumstances which includes refunds and transportation. The circumstances in which these rights apply and the rights are set out in the Passenger Bill of Rights which is on our website at https://www.msccruises.co.uk/en-gb/Passenger-Bill-of-Rights.aspx Once a Cruise or Holiday Package has been completed, and it is impossible to ensure the Passenger's return to their departure point as agreed in the Contract because of unavoidable and extraordinary circumstances, the Company shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in EU passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.
15. Cancellation by the Company
16. The Company's Liability
a) wholly attributable to the fault of the Passenger.
b) the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) an unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Holiday Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of Force Majeure; or
d) an event which the Company and/or anyone who supplies services which form part of the Holiday Package could not even with all due care have foreseen or forestalled.
16.2 For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clause 16.4 to 16.14 inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of three time the price which the affected Passenger paid for the Holiday Package (not including insurance premiums and amendment charges).
16.3 All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into these Booking Terms and Conditions and are deemed to be expressly accepted by the Passenger at the time of Booking. Copies of these terms and conditions are available on request from the Company.
16.4 Carriage of Passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company may be liable as a non-performing air Carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between the Company and a Passenger) are expressly incorporated into these Booking Terms and Conditions and in the Conditions of Carriage. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
16.5 Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and Conditions of Carriage) and under all the applicable regulations and/or conventions, such as the Athens Convention, the Montreal Convention and nothing in these Booking Terms and Conditions nor in the Conditions of Carriage shall be deemed as a waiver thereof. If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
16.6 The liability (if any) of the Company and the Carrier for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be determined in accordance with the following:
16.7 In relation to Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009), shall apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU.
A copy of EU Regulation 392/2009 is available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
Where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Booking Conditions including any claims for loss of or damage to luggage and or death and or personal injury.
16.8 The level of damages the Company and the Carrier may be liable to pay in relation to death and/or personal injury and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out in EU Regulation 392/2009, or where applicable Athens Convention 1974.
16.9 The liability of the Company and the Carrier for death, personal injury or illness to the Passenger shall not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR.
Liability of the Company and the Carrier for loss of or damage to Passenger's luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
It is agreed that such liability of the Company and the Carrier shall be subject to the applicable deductibles per Passenger, such sum to be deducted from the loss or damage to luggage or other property.
The Passenger understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
16.10 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the Carrier has delivered Luggage to a Passenger unless written notice is given by the Passenger within the following periods:
(i) in the case of apparent damage before or at the time of disembarkation or redelivery
(ii) in the case of damage which is not apparent or loss of Luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
16.11 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
16.12 The Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Passenger for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention 1974 or 3,375 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
16.13 The Company and the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and/or the laws of the vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier). Nothing in these Booking Terms and Conditions is intended to operate to limit or deprive the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
16.14 Without prejudice to the provisions of 16.7 to 16.13 above, if any claim is brought against the Company and Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Booking Terms and Conditions are held to be legally unenforceable then the Company and the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Company and Carrier’s own negligence or fault.
16.15 Notwithstanding anything to the contrary elsewhere in these Booking Terms and Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
16.16 The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strike, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
16.17 Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the Athens and/or Montreal Conventions then its liability shall not at any time exceed £500.00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
16.18 The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions. Any damages payable by the Company shall be reduced in proportion to any contributory negligence by the Passenger.
17. Itinerary / Right to Change
18. Passenger's Responsibility
18.8 Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.
18.9 It is strictly forbidden for Passengers to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles onboard any vessel which could be dangerous for the safety of Passengers and the Vessels.
18.10 Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any supplier of any service that forms part of the Holiday Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or supplier may be liable to pay.
19.7 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket directly from an air Carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange), as necessary. The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
21. Consumer protection
22. Data Protection
22.3 Personal data relating to individual Passengers shall be collected, processed, stored and used securely and in accordance with relevant data protection laws. Passengers consent to the collection, processing, storing and use of their personal data to enable the Company to perform the cruise. This may include providing Passenger details to Governments, immigration, port state control, police, flag state and other competent authorities and or as may be required by law. In the case of emergencies, the Passenger consents to the Company and the Carrier providing personal data to shore side doctors, next of kin, the Company and Carrier’s insurers and advisors and the Passenger’s medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.
24. Smoking Policy
25. Liability of Employees Servants and Subcontractors
26. Law and Jurisdiction
27. Errors Omissions and Changes
Additional provisions applicable to the booking terms and conditions and the conditions of carriage due to Covid 19 emergencyThe following additional provisions to the booking terms and conditions and the conditions of carriage shall apply to your package travel contract to incorporate the extraordinary health and safety measures implemented by the company to protect passengers from risk of Covid-19 infection. They apply to all bookings related to cruises sailing from 1st august 2020 and/or any later date until further notice. All other provisions of the booking terms and conditions and the conditions of carriage continue to apply and remain unaltered. We are working with health authorities on regular basis and inform to keep you up to date about any change to these requirements.
1. Safety measures adopted by the company
For safety reasons, the Carrier and/or the Master have the right to refuse boarding or order disembarkation of any Passenger whose conduct is in breach of such procedures, as well as to any Passenger who, according to the medical staff of the ship, is not fit to travel based on the outcome of a medical screening and evaluation.
Passengers are therefore asked to carefully read, acknowledge and accept the following measures:
- Booking and embarkation process
At the moment of booking, the Passenger shall provide the Company with the contact details (mobile number and the email address) of each individual included in the Booking.
The Company shall provide passengers with precise instructions regarding the preparation of the luggage to be embarked on board the ship. Passengers are invited to wear a mask and bring with them a sanitizing gel on their way from home to the ship.
Each Passenger named in the Booking will be asked to fill in and sign a mandatory health questionnaire received with the cruise ticket and to be provided to the medical staff at the berth not earlier that 6 hours before embarkation. Parents or legal guardians are responsible for filling in the questionnaire related to underage children traveling with them. At embarkation, passengers will be asked to confirm that their health conditions, as previously declared in the health questionnaire, remained unaltered.
Depending on the evolutions of the MSC Cruises’ Health & Safety Protocol as well as the guidelines from national and international Health Authorities, Passenger may be required to undergo a COVID19 test before embarkation. Conditions about the relevant timing and type of test vary according to itinerary and international mobility restrictions. Proof of tests results will be required at embarkation. Should the test result be positive, Passenger will be denied embarkation and will be provided with shore assistance. Any relevant further details shall be timely communicated by the Company through its usual communication channels.
Passengers are required to arrive on the pier according to the time schedules indicated on their cruise ticket in order to reduce the risks of mass gatherings.
Before boarding the ship and at each time of embarkation after a shore excursion, each Passenger will undergo a temperature screening. In case of temperature equal or above 37.5 degrees/99.5 F° boarding will be denied on the grounds of safety. Passengers may be subject to further testing and medical evaluation until cleared for boarding. Should the medical staff deem that the Passenger is not fit to travel, Passenger will be denied embarkation and will be provided with shore assistance.
- During the cruise
While on board, Passengers shall be subject to daily temperature checks and/or any other health and safety measures as deemed appropriate by the Company, the ship’s doctor or the Master.
Passengers who developed symptoms or a fever are asked to immediately call the Medical Center of the ship from their cabin. Passengers will be asked to share previous travel history and will be isolated. The same actions will apply to close contacts staying in the same cabin and family members. In case of suspected symptoms, Passengers are encouraged to contact the Medical Centre for assistance.
The ship’s doctor reserves the right to request the Passengers to remain in their cabin and/or to disembark in presence of symptoms associated to COVID-19. Free medical assessments for any COVID-19 related symptoms will be available throughout the cruise.
ii. social distancing and main measures of prevention
Passengers shall abide by the measures prescribed by the Company to implement social distancing between passengers - as well as between passengers and crew- in all public spaces in accordance to the guidelines given by the Authorities.
In addition to maintaining social distancing, unless otherwise stated in onboard signage, Passengers shall be required to always wear face masks in the indoor public areas, except when seated in bars and restaurants. When outdoor, face mask is mandatory only when a safe distance cannot be maintained, unless onboard signage states differently. Passengers shall be asked to frequently wash hands with soap and water or hand sanitizer and avoid touching the nose, eyes and mouth without previously washing hands. It is requested to practice correct etiquette if coughing or sneezing and maintain social distance or use face masks when it is not possible to keep physical distance.
iii. entertainment activities
All entertainment activities shall be organized according to specific protocols to be followed on board, including but not limited to, cleaning and disinfection of the materials, limiting number of participants, social distancing, wearing of face mask.
The Company reserves the right to cancel any on board event where, based on its discretion, it considers that there is a risk of COVID-19 infection.
- Shore excursions
The Company reserves the right not to admit on board any Passenger who disembarked the ship on its own in breach of the above rule. When ashore, Passengers are required to strictly adhere to the measures adopted by the tour guide and prescribed by the local Authorities.
3. Privacy and Personal data processing
The data collection and processing is carried out in accordance with the principles of lawfulness, fairness, transparency, purpose and storage limitation, data minimization, data accuracy, and confidentiality and integrity.
The personal data collected and processed for these purposes will not be used for any other purposes and will not be shared with any third party outside the MSC Cruises group, except for (a) enabling guests to use their COVID-19 insurance policy, (b) ensuring guests are provided with relevant medical services in hospital facilities, in case disembarkation is required, (c) ensuring repatriation, where required, and (d) where guest consent has been provided.
To obtain more information about the processing of data required by COVID-19 procedures and to exercise data subject rights, please contact the Data Protection Officer at email@example.com.
terms and conditions for shore excursions and special services
Online Booking Terms & Conditions for Shore Excursions
As used herein “MSC”, “us” or “we” means MSC Cruises S.A. , and its or their affiliates, subsidiaries, parents and/or vessels. Shore excursions are provided by third independent contractors. MSC will exercise reasonable skill and care in the selection of a reputable Shore Excursion providers. Shore Excursions purchased or booked through this web site, via Sales Agents or onboard any MSC vessel are organized and operated by independent contractors.
MSC shall not be responsible in any way for the services provided by such independent contractors. MSC does not guarantee the performance or safety of the shore excursions offered nor does MSC guarantee the accuracy of shore excursion descriptions or information shown on this website, and MSC disclaims liability for any inaccuracies relating to the shore excursions offered on this website. MSC undertakes no responsibility for and shall not be liable for the misrepresentations, breaches of contract, breaches of statutory duty, negligence or intentional or accidental conduct of any of the shore excursion providers.
MSC has no control over the way the providers of the shore excursions provide their services. Providers of shore excursions available for purchase on this website, via Sales Agents or onboard any MSC vessel have represented to MSC that they carry out their duties in accordance with accepted standards of behavior. MSC undertakes to make no independent assessment of the safety or security of any shore excursion or of the providers of such excursions.
All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of booking. However, if there is an error we reserve the right to correct it as soon as we become aware of it. If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked.
MSC will not be responsible for possible variations to the program due to local holidays and/or closing of the sites to be visited and/or any other event (strikes, demonstrations, mechanical breakdowns, etc.), which could prevent from performing the tour in a complete or partial way. The routing and timing of each tour will be reconfirmed onboard. Every shore excursion/tour requires a minimum number of participants and may have a maximum limit of participants. If the minimum number of passengers required is not achieved the excursion may be cancelled. If the language minimum number of passengers booked for an excursion is not met, the tour may be led by a bilingual guide.
You and all members of your party, by booking a place on any excursion where there is a degree of physical exertion involved, confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems or back/neck problems, or any other medical condition of body or mind which could make physical exertion or lack of access to immediate medical care hazardous (these examples are not exclusive) or any other illness, infirmity or condition that would preclude you from participating in any excursions that you have selected. You should also make sure that no one in your party who has booked such an excursion is taking medicine that carries a warning about impairment of physical or mental abilities.
If you are pregnant, certain excursions may not be suitable for you. When booking any excursions, it is your responsibility, including any member of your party that has booked an excursion, to make sure that you are fit and well enough to take part in any excursion booked and to take care of yourself whilst on it.
If you participate in an excursion involving water, you should take care in avoiding alcohol and eating a full meal. Where buoyancy aids are provided for an activity they must be worn at all times. Be aware that the sea is unpredictable. Life guards are not always present and there may not be a flag or other system to indicate whether or not it is safe to go in the water. In addition, beach activities may not be supervised or accompanied so take care to satisfy yourself as to the safety of the beach and/or the sea at the time of your excursion. Children must always be supervised by you at all times whist on an excursion, especially near water.
All such activities are undertaken by you and any member of your party that has booked at your/ their own risk and MSC cannot be held liable for any injury, loss, death or damage whatsoever resulting as a consequence. Before booking any activity excursion it is very important, and your responsibility, that you and any member of your party that has booked an excursion to check that your travel insurance covers the specific type of excursion booked.
You or any member of your booking may be prevented from participating in an excursion (whether pre-booked or not), if it is determined that you or any member of your booking is unsuited to undertake the excursion, or if you or they appear to be under the influence of drugs or alcohol. In the event that you are prevented from undertaking the excursion for any of these reasons then you may not be entitled to any refund of the cost of the excursion booked.
The provider of shore excursions may require participants to sign a liability release and/or assumption of risk form before participating in the excursion. Such releases are particularly common in the case of snorkeling or scuba diving excursions.
By taking part to an excursion guests are accepting and committing to follow the instructions and regulations received by the guide.
If you buy the prepaid shore excursion the full payment must be made at the time of booking by credit card. The shore excursions can be booked, modified or cancelled either up to 2 days before cruise departure either on board*. If you cancel the shore excursion booked before cruise commences, no cancellation fees will be applied, provided that such cancellation is done before the departure date and MSC Cruises is notified in writing of your intention to cancel the reservation of the Shore Excursion.
Before booking your Shore Excursion, please confirm and check the relevant box indicating that you have read and understood these terms and conditions. The booking shall be deemed to be successfully complete only upon full payment.
We will confirm your booking by issuing a confirmation receipt by e-mail. We will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication.
Once we have received and confirmed your reservation, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
The Operator may cancel any excursion, should it not reach the minimum number of participants; in this case the reserving passenger will receive a full refund of all money paid for the concerned excursion.
These Terms and Conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC.
*On board the excursions can be modified up to 48 hours prior to the commencement of the booked shore excursion. If you want to cancel the shore excursion onboard, no cancellation fees would be applied, provided if the cancellation made 48 hours prior to the commencement of the booked shore excursion. Any refund will automatically be posted to your onboard account. Tours involving flights, trains, special events, overland stays, hotel stay and private arrangements are excluded. Other restrictions may apply.
Online Booking Terms & Conditions for Special Services
As used herein “MSC”, “us” or “we” means MSC Cruises S.A., and its or their associate or parent companies, subsidiaries and/or vessels. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it or to modify prices at any time without notice including after booking.
If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and MSC and supplier shall thereafter be relieved of any further liability of any kind or nature whatsoever.
You accept that, when booking services with any third party goods or services supplier, such as a Spa treatment or parking services, you will be entering into a contract directly with the suppliers of the goods or services. MSC undertakes no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the third party suppliers who sell their goods and services through this website or through MSC or whilst on board. We are not responsible or liable for the acts/omissions of the third party suppliers in relation to such goods or services which results in any loss, damage, or injury to you or any member of your party booking or purchasing such goods or services.
You and all members of your party by booking any services confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems, back/neck problems, or any other medical condition of body or mind which could make the service you have booked hazardous (these examples are not exclusive). It is your responsibility to make sure that you are fit and well enough to take part in such services and to take care of yourself whilst on it.
You should also make sure that no one in your party who has booked such a treatment is taking medicine that carries a warning about impairment of physical or mental abilities. If you are pregnant some type of treatment may not be suitable for you.
If you have any doubts about your ability to participate in such services, check with your personal physician before booking.
If you book the special services before cruise commences, the full payment will be debited on your board account at the time of embarkation. The booking shall be deemed to be successfully complete unless cancelled or modified within 4 days before the expected date of departure, thereafter you will not be able to cancel or modify on-line your booking for special services anymore.
Should you cancel or modify any service booked, you might be charged with a fee according to the type of the on-board service as specified in the service description. You agree on behalf of yourself and all member of your party who have booked any service or have reserved any of the advertised goods to be bound by these terms and conditions before booking your optional extras please confirm and tick the box below. We will confirm your booking by issuing a confirmation receipt together with these terms and conditions by Email. We will communicate with you using the Email address you have provided at the time of booking. We will assume that your Email address is correct and that you understand the risks associated with using this form of communication.
Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
These Terms and conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC Cruises. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.